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Defence Forces Act

Kenya_KenyaDefence.pdfLAWS OF KENYA
Published by the National Council for Law Reporting
[Rev. 2012] No. 25 of 2012
3 [Issue 1] 1. Short title. 2. Interpretation. 3. Guiding principles. 4. Application of the Act. 5. Application to civilians. 6. Constitution of the Defence Forces. 7. Determination of strength of the Defence Forces. 8. Functions of the Defence Forces. 9. The Commander-in-Chief of the Defence Forces. 10. Functions of Cabinet Secretary. 11. Delegation of powers and assignment of duties by Cabinet Secretary. 12. Functions of the Chief of Defence Forces. 13. Delegation of powers by Chief of Defence Forces. 14. Vice Chief of the Defence Forces. 15. Service Commanders. 16. Functions of the Service Commanders. 17. Delegation by the Service Commander. 18. Functions of the National Security Council in relation to the Defence Forces. 19. Composition of the Defence Council etc. 20. Functions of the Defence Council. 21. Conduct of business and affairs of the Defence Council. 22. Committees of the Defence Council. 23. Appointments. 24. Term of office. 25. Determination of salaries. 26. Removal, retirement and deployment from Defence Forces. 27. Vacancy. 28. Recruitment and appointment of members of Defence Forces. 29. Terms and conditions of service of members of the Defence Forces. 30. Defence controlled units and constabulary. 31. Co-operation with other authorities. 32. Deployment of Defence Forces to restore peace in Kenya. 33. Deployment in support of National Police Service.
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34. Regulation of support operation, etc. 35. Powers and duties of members while being deployed. 36. Attachment to other forces and employment outside Kenya. 37. Co-operation with other forces and forces visiting Kenya. 38. Service by members in fulfillment of international obligation. 39. Attachment of personnel. 40. Command over members serving together with other military force or under control41. Application of UNCLOS in law enforcement power at sea. 42. Rights and fundamental freedoms. 43. Conditions for limitation of rights and fundamental freedoms. 44. Limitation to freedom of conscience, religion, thought, belief and opinion. 45. Limitation of freedom of expression. 46. Limitation of political rights. 47. Limitation of freedom of movement and residence. 48. Limitation of right to privacy. 49. Limitation of right to access information. 50. Limitation of right to freedom of association. 51. Limitation of right to assembly, demonstrate, picket and petition. 52. Limitation of right to labour relations. 53. Limitation to economic and social rights. 54. Limitation of rights of an arrested person. 55. Offences not triable by a court-martial. 56. Trials in civil courts. 57. Persons guilty of an offence. 58. Aiding the enemy. 59. Communication with the enemy. 60. Spying. 61. Offences by service member or officer when in action. 62. Offences by person in command when in action. 63. Misconduct in action by others. 64. Cowardice. 65. Neglect of duty. 66. Offences against morale. 67. Advocating governmental change by force.
[Rev. 2012] No. 25 of 2012
5 [Issue 1] 68. Being captured through disobedience or neglect, and failure to rejoin Defence 69. Offences by or in relation to sentries, etc. 70. Looting and pillaging. 71. Offences against civil population. 72. Mutiny. 73. Failure to suppress mutiny. 74. Desertion. 75. Absence without leave. 76. Assisting desertion or absence without leave. 77. Disobedience to standing orders. 78. Disobedience of particular orders. 79. Disobeying a lawful order. 80. Issuing a manifestly unlawful order. 81. Failure to perform military duties. 82. Insubordinate behavior. 83. Obstruction of provost officers, service member, etc. 84. Malingering. 85. Unfitness or misconduct through alcohol or drugs. 86. Quarrelling, fighting and threatening behaviour. 87. Offences concerning public or non-public property. 88. Offences concerning property of persons subject to Act. 89. Damage to or loss of property. 90. Causing fire. 91. Stealing. 92. Receiving property. 93. Destruction of property etc. 94. Loss or hazarding of aircraft, ship or vehicle. 95. Improper carriage of goods. 96. Miscellaneous offences relating to property. 97. Billeting offences. 98. Offences in relation to requisitioning of vehicles. 99. Dangerous flying. 100. Low flying. 101. Annoyance by flying.
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102. Irregular arrest and confinement. 103. Permitting escape and unlawful release of prisoners. 104. Resistance to arrest. 105. Escape from custody. 106. Offences concerning Courts martial. 107. False evidence. 108. Obstruction of police officer. 109. Prize offences by person in command. 110. Prize offences by others. 111. Political activities. 112. Making false statement on enlistment. 113. False information. 114. Making false document. 115. False entry. 116. Falsely obtaining or prolonging leave. 117. Inaccurate certification. 118. Scandalous conduct of an officer. 119. Striking or ill-treatment of subordinate. 120. Disgraceful conduct. 121. Conduct to prejudice of good order and discipline. 122. False accusation. 123. Negligent or deliberate discharge. 124. Corruption, economic crimes, etc. 125. Failure to take essential security measures. 126. Abuse of military authority. 127. Exceeding authority. 128. Fraternization. 129. Offences relating to dual citizenship. 130. Cheating in examination. 131. Attempt to commit offence. 132. Aiding, abetting, counseling or procuring. 133. Civil offences. 134. Declaration of circumstances for release from Defence Forces. 135. Offence in relation to enrolment. 136. Offences in relation to inoculation etc. 137. Power to arrest offenders. 138. Search by other persons upon arrest. 139. Conditions for an arrest.
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7 [Issue 1] 140. Provisions for avoiding delay after arrest. 141. Power to arrest deserter or an absentee. 142. Proceedings before civil court where a suspected deserter or an absentee is143. Deserter or absentee surrendering to police. 144. Certificate of arrest or surrender of deserter or absentee. 145. Superintendent of prison to receive deserters and absentees. 146. Temporary reception of persons in service custody into civil custody. 147. Guiding principles. 148. Certain charges may be dealt with summarily. 149. Appropriate superior authority. 150. Reporting and investigation of offences. 151. Rights and representation of an accused person during trial. 152. Conditions to be satisfied. 153. Limitation of time for trial of offences. 154. Hearing procedures. 155. Charges against officers and cadets. 156. Charges against service member. 157. Option Election by accused to be tried by court-martial. 158. Review of summary findings and awards. 159. Automatic administrative review. 160. Constitution of the courts martial. 161. Guiding principles in exercising Judicial authority. 162. Sitting and power of the courts martial. 163. Convening of court-martial. 164. Disqualifications for membership of court-martial. 165. Appointment of Judge Advocate. 166. Indemnity from personal liability. 167. Challenge. 168. Oaths and affirmations. 169. Court-martial to sit in open court. 170. Evidence. 171. Privileges of witnesses and others. 172. Contempt of court-martial by civilian. 173. Power to convict for offence other than that charged. 174. Death of a judge advocate or member of the courts martial. 175. Rulings and directions by judge advocate. 176. Decision of court-martial. 177. Finding and sentence.
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178. Where accused incapable of making defence. 179. Where accused person is insane. 180. Punishment of officers. 181. Punishment of service member. 182. Restitution or compensation for theft, etc. 183. Promulgation of finding or sentence. 184. Approval of death sentence by the President. 185. Custody of court-martial records and right of accused to copy. 186. Appeal to High Court. 187. Notice of appeal. 188. Determination of appeal in ordinary cases. 189. Powers of court in special cases. 190. Court may appoint assessor. 191. Proceedings to be heard in absence of appellant. 192. Defence on appeal. 193. Person sentenced to death to have opportunity to appeal. 194. Removal of prisoner. 195. Composition of court. 196. Furnishing of documents. 197. Duties of registrar. 198. Saving of prerogative of mercy. 199. Procedure. 200. Commencement of sentence of imprisonment. 201. Duration of sentence of imprisonment. 202. Service of sentence of imprisonment. 203. Committal to civil prison. 204. Sentence of imprisonment passed outside Kenya. 205. Indemnity for person acting under warrant. 206. Proof of certain facts by documentary evidence. 207. Proof of outcome of civil trial. 208. Evidence of proceedings of court-martial. 209. Trial of offence after offender ceases to be subject to Act. 210. Limitation of time for trial of offences. 211. Trials by civil courts. 212. Persons not to be tried under Act for offence already dealt with.
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9 [Issue 1] 213. Director of military prosecutions. 214. Delegation of powers and function by t215. General Provisions. 216. Forfeiture of pay for absence from duty. 217. Deductions for penalties. 218. Compensation for loss occasioned by wrongful act or negligence. 219. Deduction for barrack damage. 220. Remission of forfeitures and deductions. 221. Billeting orders. 222. Full and prompt compensation. 223. Instances where billeting orders may be issued. 224. Premises in which billets may be required. 225. Billeting. 226. Accommodation to be provided and payment thereof. 227. Where there is no occupier. 228. Appeals against billeting. 229. Compensation for damage. 230. Application to civilians employed with Defence Forces and to aircraft, ships and231. Requisitioning orders. 232. Requisitioning directions. 233. Period for which vehicles to be requisitioned. 234. Provisions of vehicles for purchase. 235. Payment for vehicles requisitioned. 236. Avoidance of hardship in requisitioning vehicles. 237. Issue of search warrant. 238. Damage by vehicles being delivered. 239. Application to aircraft, ships, horses, etc, food, forage and stores. 240. Bringing into operation sections 221 and 231. 241. Reports by the Defence Council on billeting. 242. Application. 243. Regular force. 244. Pensions and gratuity. 245. Protection of members on active service. 246. Obligation to serve during a state of emergency. 247. Termination of service of members of regular force. 248. Legal representation of members.
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249. Commissioned officers. 250. Reserve liability. 251. Termination of Commission. 252. Enlistment. 253. Term of enlistment. 254. Prolongation of service. 255. Discharge. 256. Postponement of discharge or transfer pending proceedings for offences, etc. 257. Mode of discharge. 258. Validity of attestation and enlistment. 259. Transfer to reserve. 260. Volunteer service. 261. Calling out reservists for annual training. 262. Calling out reservists temporarily. 263. Calling out reservists on permanent basis. 264. Punishment for non-attendance. 265. Record of illegal absence. 266. Release from reserve during active service. 267. Release from service. 268. Application of this part. 269. Obstructing the military police etc. 270. Prohibition of torture or cruel treatment. 271. Procuring and assisting desertion. 272. Pretending to be a deserter. 273. Obstructing person in execution of duty. 274. Aiding malingering. 275. Unlawful purchase of military stores, etc. 276. Refusal to receive persons billeted, etc. 277. Enforcement of requisitioning. 278. Illegal dealings in documents relating to pay, pension, mobilization, etc. 279. Unauthorized use of and dealing in uniform, decorations, etc. 280. Interpretation of Part. 281. Power to apply Part. 282. Powers of service courts of visiting forces. 283. Prosecution and trial for civil offences. 284. Proof of certain facts.
[Rev. 2012] No. 25 of 2012
11 [Issue 1] 285. Funds of the Defence Forces. 286. Allocation of funds. 287. Financial year. 288. Annual estimates. 289. Accounts and audit. 290. Reports. 291. Uniforms of the Defence Forces. 292. Precedence in command of members of Defence Forces. 293. Exemptions from tolls, etc. 294. Exemption from execution against public property. 295. Certain officers may take statutory declarations. 296. Residence and next of kin to be recorded. 297. Execution of wills. 298. Administration of estates and missing persons. 299. Uniforms and decorations not part of estate. 300. Property of deserter. 301. Board of inquiry. 302. Report of inquiry into absence to be recorded. 303. Establishment of internal grievance mechanism. 304. Regulations. 305. Rules of procedure. 306. Rules of the courts martial. 307. Powers exercisable in subsidiary legislation. 308. Execution of orders, instruments; etc. 309. Repeal. 310. Transitional and savings. 311. Transfer of officers and members of the Defence Forces. 312. Transfer of seconded or attached persons. 313. Transfer of members of the reserve force. 314. Transfer of members of the constabulary. 315. Transfer of assets, etc. 316. Continuous and sustainable reforms. FIRST SCHEDULE – OATH FOR THE CHIEF OF KENYA DEFENCE SECOND SCHEDULE – CONDUCT OF BUSINESS AND AFFAIRS OF THE THIRD SCHEDULE – ORDER FOR TEMPORARY CONFINEMENT IN CIVIL
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FOURTH SCHEDULE – OATH OF ALLEGIANCE FIFTH SCHEDULE – CERTIFICATE OF PRESUMPTION OF DEATH
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13 [Issue 1] Date of assent: 27th August, 2012.] [Date of commencement: 17th September, 2012.] An Act of Parliament to provide for the functions, organization and administration of the Kenya Defence Forces pursuant to Articles 232 and 239(6) of the Constitution; to give effect to Article 241 and other relevant Articles of the Constitution, to provide for disciplinary matters, means a rank from which the Commander, in the case of officers or a commanding officer, in the case of service members, has power to order the holder to revert and acting in relation to a specified rank shall be means where one is not a perpetrator of an offence (a) assists, encourages, advises, instigates, counsels, commands, or (b) shares in the criminal purpose of design; means any contrivance used or designed for transportation in (a) parts or components of, or accessories for, aircraft, whether for the (b) engines, armaments, ammunition, bombs and other missiles of any (c) any other gear, apparatus or instruments in, or for use in, an aircraft; (d) any apparatus used in connection with the taking-off or landing of (e) any fuel used for the propulsion of aircraft; and (f) any material used as a lubricant for aircraft or aircraft material;
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“air signal” means a message, signal or indication given by any means means military, air or naval forces of another country acting in co-operation with the Defence Forces and includes co-operating , in relation to a person, means that the person is in action against the enemy or is about to go into action against the enemy or is “Cabinet Secretary” means the Cabinet Secretary for the time being “Chief Justice” means the Chief Justice of the Republic of Kenya “Chief of the Defence Forces” means the Chief of the Kenya Defence (a) an offence under Part XVII; (b) an offence under a written law other than this Act; or (c) an act which, if committed in Kenya, would constitute an offence means a prison within the meaning of the law for the time “close arrest” when used in reference to a person who is subject to this Act, means a person who is confined and in the care and custody of an means service in the Defence Forces other than service “commanding officer”, when used in relation to a member of the escribed by regulations as having “convening officer”, when used in relation to a court-martial, means the Defence Court-martial Administrator or “corresponding civil offence” means a civil offence, the commission of , when used in relation to any rank in the Kenya Army, means the equivalent rank in the Kenya Air Force or the Kenya Navy “date of attestation”, in relation to any person, means the date on which
[Rev. 2012] No. 25 of 2012
15 [Issue 1] includes medal, medal ribbon, clasp and good conduct means the Defence Council established by Article means the Kenya Defence Forces established by (a) any person or country committing external aggression against (b) any person belonging to a c (c) such other country as may be declared by the Cabinet Secretary, to (d) any person belonging to the country referred to under paragraph means a Magistrate’s Court established under means an officer or service member who is appointed as military police by Service Commanders with the approval of the Defence means the Ministry for the time being responsible for matters “National Security Council” means the National Security Council “non-public fund” means funds for the benefit and welfare of the members of a formation, unit or sub-unit which belongs to that formation, unit or sub-unit maintained and managed under the authority of the Chief of the “non-public property” means non-public funds or property acquired by “non-commissioned officer” means a service member holding the rank of senior sergeant, sergeant or corporal, or corresponding rank, or the rank of (a) a person commissioned in any Se (b) a person who is attached or seconded as a commissioned officer to (a) on guard duty and posted or ordered to patrol; (b) on watch; or
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(c) under orders to regulate traffic by land, water or air; (a) when used in relation to a person, means that the person is serving in or with a unit of the Defence Forces engaged in operations (b) when used in relation to a unit of the Defence Forces, means that refers to when a person subject to this Act is confined to a has the same meaning as in the National Police Service “Principal Secretary” means the Principal Secretary for the time being (a) the national or a county government; (b) a public body; (c) allied forces; or (d) public fund authorised by the Chief of the Kenya Defence Forces, Service Commander or the commanding officer and managed in means a person authorised to recruit service “regular reserve” means the Kenya Army reserve, the Kenya Air Force “requisitioning order” means a requisitioning order made under section in relation to imprisonment or active service punishment, when used as an adjective, means belonging to or connected when used as a noun means either, the Kenya Army, Kenya Air means the Commander of the relevant service of
[Rev. 2012] No. 25 of 2012
17 [Issue 1] means the holding of any person under arrest or in confinement by the Defence Forces, including confinement in a Service means premises set aside by any of the Service Commanders as a place of imprisonment for persons serving a service “service sentence of imprisonment” means a sentence of imprisonment means any member of a service of the Defence means the recovery, by the deduction from the pay of an offender, of a specified sum by way of compensation for any expense, loss or (a) an officer, warrant officer or non-commissioned officer of superior (b) an officer, warrant officer or non-commissioned officer of equal rank but greater seniority while exercising authority as that person’s or includes warship and unmanned vehicles and every description of watercraft or other artificial contrivance used, or capable of means any regularly organized body as defined by the Cabinet Secretary, but in no case may it be a body larger than a company, battalion, includes vehicles not used as a means of transportation and unmanned vehicles and every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on “Vice Chief of the Defence Forces” means the Vice Chief of the Kenya means any time during which the State is under threat of war, armed conflict, armed invasion or armed insurrection or is at war, and in respect of which the Defence Forces has been employed for service in the “warrant officer” means a service member holding the rank of warrant means an act contrary to law, regulation, lawful order, or (2) Despite subsection (1), until after the first general elections under the Constitution, references in this Act to the words “Cabinet Secretary” or “Principal Secretary” shall be construed to mean or “
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(a) a particular rank are to that rank in the Kenya Army; or (b) a person holding a particular rank include references to a person The Defence Forces shall, in fulfilling its mandate, observe and uphold the Bill of Rights, values and principles under Articles 10(2), 232(1) and 238(2) of the (a) strive for the highest standards of professionalism and discipline (b) prevent corruption and promote and practice transparency and (c) comply with constitutional standards of human rights and (d) train staff to the highest possible standards of competence and (e) ensure that recruitment reflects the diversity of the Kenyan people in (a) every member of the regular forces; (b) an officer or service member of the reserve force, whether of the regular or volunteer reserve who is called out for service or is in (c) auxiliary reserve force; (d) any person who, though not otherwise subject to this Act, is serving with the Defence Forces under an engagement, and has agreed to (e) cadets; (f) an alleged spy of the enemy; (g) a person who, though not otherwise subject to this Act, is in civil custody or in service custody in respect of any service offence (h) a person who, pursuant to a treaty or agreement between Kenya and the State in whose armed forces the person is serving, is attached or seconded as an officer or non-commissioned member to the Defence Forces, subject to such exceptions, adaptations and (i) a person, not otherwise a member of the Defence Forces, who
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19 [Issue 1] (j) a person attending a Defence Forces institution of the Defence Forces established under this Act or any other written law, subject to such exceptions, adaptations and modifications as may be (1) The application of this Act to a civilian shall be limited to a person, other (a) with the authority of an authorized officer, accompanies a part, unit (i) outside Kenya; or (ii) on operations against the enemy; and (b) has consented, in writing, to subject himself or herself to this Act (2) The Defence Council shall, by regulations, prescribe the form and manner (3) For the purposes of this Act and subject to any limitations prescribed by the Defence Council, a person accompanies a unit or other element of the (a) participates with that unit or other element in the carrying out of any of its movements, manoeuvres, duties in aid of a State organ, duties (b) is accommodated or provided with rations at the person’s own expense or otherwise by that unit or other element in any country or (c) is a dependant outside Kenya of an officer or non-commissioned (d) is embarked on a vessel or aircraft of that unit or other element. 6. Constitution of the Defence Forces (1) Pursuant to Article 241(1) of the Constitution, the Defence Forces consist (a) the Kenya Army; (b) the Kenya Air Force; and (c) the Kenya Navy. (a) the regular force consisting (b) the reserve force, consisting of the regular and volunteer reserve, as (c) the cadet forces, as may be determined, from time to time, by the
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(3) The composition of command of the Defence Forces shall reflect the (1) The Defence Forces shall consist of such maximum number of members as shall be determined, from time to time, by the National Security Council, on (2) There shall be established such units and formations in the Defence Forces as the President may, in consultation with the Defence Council, (3) Under the direction of the President, the Cabinet Secretary shall, by notice in the , assign names to units and formations of the Defence (a) shall be responsible for the defence and protection of the (b) shall assist and co-operate with other authorities in situations of emergency or disaster and report to the National Assembly (c) may be deployed to restore peace in any part of Kenya affected by (2) In performing their functions an (a) act in a partisan manner; (b) further any interest of a political party or cause; or (c) prejudice a political interest or political cause that is legitimate under (3) Where the Defence Forces is deployed for any purpose contemplated in subsection (1)(b) and (c), the Cabinet Secretary shall inform the National (a) reasons for such deployment; (b) place where the Defenc (c) number of persons involved; (d) period for which the Defence Forces is expected to be deployed; (e) expenditure incurred or expected to be incurred. (4) If the National Assembly is not in session during the first seven days after the deployment of the Defence Forces as contemplated in subsection (3), the Defence Council shall, through the Presi
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21 [Issue 1] (1) Pursuant to Article 131(1)(c) of the Constitution, the President is the (a) appoint the Chief of the Defence Forces, Vice Chief of the Defence (b) be responsible for the organization and command of the Defence Forces. (3) Any person appointed as Chief of the Defence Forces, Vice Chief of the Defence Forces or a Service Commander shall, on being appointed, take and (4) In making the appointments under subsection (2), the President shall ensure that the appointments reflect the regional and ethnic diversity of the (a) be the principal adviser to the President on matters relating to (b) ensure the development of the defence policy; (c) advise the President and National Assembly on any matter relating (d) perform such functions, in particular those necessary for the control and administration of the Defence Forces, as may be delegated to (i) the President over the Defence Forces; or (ii) Parliament over the Ministry; (e) be appraised of the construction and maintenance of all Defence (f) where appropriate, commission research relating to the defence of (g) monitor compliance with policies and directions issued to the Chief of the Defence Forces and report thereon to the President and (h) submit an annual report, in writing, to the President and Parliament on the expenditures, work, and accomplishments of the Ministry (i) a report by the Chief of the Kenya Defence Forces on each Service of the Defence Forces indicating the expenditures, (ii) itemized statements showing the utilization, savings of public (iii) such recommendations as he or she may consider appropriate;
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(i) any other lawful function as may be assigned to the Cabinet (1) The Cabinet Secretary may, where appropriate and in writing, delegate (a) the Chief of the Defence Forces; or (b) any member of the Defence Forces with the approval of the Chief of (2) A delegation or assignment under subsection (1) shall not prevent the (a) shall be subject to any conditions the Cabinet Secretary may (b) shall not divest the Cabinet Secretary of the responsibility concerning the exercise of the powers or the performance of the (c) may be withdrawn, and any decision made by the person to whom the delegation is made may be withdrawn or amended by the 12. Functions of the Chief of the Defence Forces (a) be the principal adviser to the President and Cabinet Secretary on any military, operational and administrative matters within the (b) lawfully administer, control and manage the Defence Forces as a (c) comply with any lawful direction issued by the Cabinet Secretary (d) formulate military policy and strategy in consultation with the Service (e) execute commands by issuing lawful orders, directives or (f) subject to the general direction of the Defence Council, be responsible for the control, direction and general superintendence of (g) ensure the effective utilization of resources and the education, training and development of all members and employees of the (h) provide the Cabinet Secretary and the Defence Council with such information, with regard to the Defence Forces, as may be
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23 [Issue 1] (i) be responsible for implementing the deployment of members of the Defence Forces in accordance with an authorization by the National Security Council and Defence Council granted in accordance with (j) ensure that members of the Defence Forces discharge the functions and exercise their powers in accordance with the Constitution and (k) be responsible for the development of non-discriminatory institutional culture within the Defence Forces in accordance with equal opportunity and affirmative (l) monitor the implementation of the policy, operations and directions (m) perform any other lawful function as may be assigned by the President, the Cabinet Secretary, the Defence Council or any other 13. Delegation of powers by Chief of the Defence Forces (1) The Chief of the Defence Forces may, where appropriate and in writing, delegate any power or assign any duty conferred on him or her under this Act or (a) any member of the Defe (b) any employee of the Ministry, with the approval of the Cabinet (2) A delegation or assignment under subsection (1) shall not prevent the (a) shall be subject to any conditions the Chief of the Defence Forces (b) shall not divest the Chief of the Defence Forces of the responsibility concerning the exercise of the powers or the performance of the (c) may be withdrawn and any decision made by the person to whom delegation is made may be withdrawn or amended by the Chief of (4) In delegating any power or duty under this section, the Chief of the Defence Forces shall not delegate a power exercisable by an officer of a specific rank, seniority or qualification as provided for in this Act, to an officer of a rank or (1) There is established the office of the Vice Chief of the Defence Forces
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(2) The Vice Chief of the Defence Forces shall perform such functions and exercise such powers as are assigned by the Chief of the Defence Forces under (1) There shall be a Service Commander of each Service of the Defence (a) Kenya Army; (b) Kenya Air Force; and (c) Kenya Navy. (2) A Service Commander of a Service of the Defence Forces shall, (a) command, control and administer the service to which he or she is responsible, in accordance with the Constitution, this Act or any other written law, under the authority of the Chief of the Defence (b) be responsible for the issuance of inthe operations and administration of the respective Service of the (c) implement policy decisions; (d) co-ordinate all Service operations; (e) advise the Chief of the Defenc (f) prepare budgetary estimates and develop the Service plan for the next financial year before the end of each financial year, setting out the priorities and objectives of (g) ensure the implementation of the budget relating to the Service; (h) recommend, in relation to the Service and in consultation with other Service Commanders, to the Chief of the Defence Forces the (i) determine the distribution and deployment of officers and service (j) recommend to the Chief of the Defence Forces the organization of (k) recommend to the Chief of the Defence Forces the establishment of, management and maintenance of training institutions, centers or places for training of officers and service members joining the (l) commission research and benchmark against best practices on the
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25 [Issue 1] (m) co-operate with other security organs and agencies subject to the (n) perform any other lawful function as may be assigned by the President, the Cabinet Secretary through the Chief of the Defence Forces, the Chief of the Defence Forces, the Defence Council or (1) A Service Commander may, in writing, delegate any power or assign any (a) any member of the Service for whic (b) any employee of the Ministry, with the approval of the Cabinet (2) A delegation or assignment under subsection (1) shall not prevent the (a) shall be subject to any conditions the Service Commander may (b) shall not divest the Service Commander of the responsibility concerning the exercise of the powers or the performance of the (c) may be withdrawn, and any decision made by the person to whom the delegation is made may be withdrawn or amended by the (4) In delegating any power or duty under this section, the Service Commander shall not delegate a power exercisable by an officer of a specific rank, seniority or qualification as provided for in this Act, to an officer of a rank or 18. Functions of the National Security Council in relation to the Defence The National Security Council shall, with respect to Defence Forces and pursuant to Article 240(3), (6) and (8) of the Constitution and provisions of the National Security Council Act, exercise supervisory control and perform the (a) determine, from time to time, the strength of the Defence Forces on (b) integrate the domestic, foreign and military policies relating to national security in order to enable the Defence Forces to co- (c) deploy Defence Forces outside Kenya, with the approval of (i) regional or international peace support operations; or (ii) other support operations;
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(d) approve, with the approval of Parliament, the deployment of foreign (e) carry out any other function related to the Defence Forces as may (1) The Defence Council established under Article 241(5) of the Constitution (a) the Cabinet Secretary, who is the chairperson; (b) the Chief of the Defence Forces; (c) the three Service Commanders of the Defence Forces; and (d) the Principal Secretary. (2) The Defence Council shall appoint a public officer or a member of the (3) Acts and instructions of the Defence Council shall be signified, by a command of the Council, under the hand of the chairperson and the secretary to (a) communicating the decisions (b) performing any other function as may be assigned from time to time (1) In addition to the functions provided for under Article 241(7)(a) of the (a) shall exercise oversight role on the training or undertaking of instructions of members of the Defence Forces in any country (b) shall, upon approval by Parliament in accordance with Article 240(8) of the Constitution, order any member to proceed to any place outside Kenya for purposes of undertaking any duty related to the (c) shall receive and act on reports submitted to the the Cabinet Secretary, the Chief of the Defence Forces and Service (d) shall formulate overall Defence Forces policy referred to under (e) shall monitor the implementation of the policies referred to under (f) shall receive and where necessary, upon request review findings (g) shall advice the President on any matter relating to and affecting the
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27 [Issue 1] (h) may perform any other function as may be assigned to it under this (2) In exercising the oversight role under subsection (1)(a), the Defence Council shall ensure that the provisions of Article 232(1)(i) of the Constitution are (1) The business and affairs of the Defence Council shall be conducted in (2) Except as provided for in the Second Schedule, the (1) The Defence Council may establish committees for the effective (2) The Defence Council may co-opt into the membership of the committees established under subsection (1) other persons whose knowledge and skills are (3) Any person co-opted into a committee of the Defence Council under subsection (2) may attend the meetings of the Council and participate in its (1) The Chief of the Defence Forces, the Vice Chief of the Defence Forces be appointed by the President on the (2) A person shall not be eligible for appointment as the Chief of the Defence Forces, the Vice Chief of the Defence Forces or Service Commander unless that (a) is a citizen of Kenya pursuant to Article 78 of the Constitution; (b) is a member of the (c) meets the requirements of Chapter Six of the Constitution. (3) In appointing the Chief of the Defence Forces, the Vice Chief of the (a) seniority; (b) military and formal civil education; (c) the possession of a relevant degree from a university or an institution recognized in Kenya or such other equivalent (d) military and security experience.
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(4) In the appointment of the Chief of the Defence Forces, the Vice Chief of (a) ensure that the provisions of Articles 27 and 241(4) of the (b) be guided by the provisions of Article 73(2)(a), (b) and (d) of the The Chief of the Defence Forces, the Vice Chief of the Defence Forces and ngle term of four years or retire upon The Salaries and Remuneration Commission shall set and regularly review the remuneration and benefits of the Chief of the Defence Forces, the Vice Chief of the Defence Forces and three Service Commanders in accordance with Article 230(4) of The President may remove, retire or redeploy the Chief of the Defence Forces, the Vice Chief of the Defence Forces or any of the Service Commanders (1) The Office of the Chief of the Defence Forces, the Vice Chief of the (a) the holder— (i) dies; (ii) resigns from office by a notice in writing addressed to the (iii) is retired, redeployed or removed from office in accordance (iv) is dismissed from the Defence Forces by a court-martial; (b) the holder’s commission is terminated; or (c) the holder’s service is terminated on disciplinary or any other (2) Where a vacancy occurs under subsection (1), the President shall appoint (1) The Defence Council shall recruit and appoint members of the Defence (2) In developing the criteria for the recruitment, promotion and transfer of members of the Defence Forces, the Defence Council shall consult with the
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29 [Issue 1] (3) The Defence Council shall advertise the chances allocated per county at (4) The criteria developed under subsection (2) shall comply with the (5) The Defence Council may, in the prescribed manner and on its behalf, (6) The recruitment and appointment procedure under this Act shall comply (1) The Defence Council shall, on the advice of the Salaries and Remuneration Commission, determine the salaries of the members of the (2) The Defence Council shall, in consultation with the Public Service Commission, determine the conditions of service of members of the Defence Forces. (a) establish defence controlled units of the Defence Forces, which (b) establish a support staff unit to be known as the constabulary. (2) The Defence Council shall by regulations determine the extent to which this Act shall apply to the members of the units created under subsection (1)(a) (a) shall assist and co-operate with other authorities in situations of emergency or disaster, and report to the National Assembly (b) may be deployed to restore peace in any part of Kenya affected by unrest or instability but only with the approval of the National (c) shall, in the interest of national security, co-operate and work with 32. Deployment of Defence Forces to restore peace in Kenya (1) Pursuant to Article 241(3)(c) of the Constitution, the Defence Council may deploy the Defence Forces in any part of Kenya affected by unrest or instability
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(2) Whenever the Defence Forces are deployed to restore peace in any part of Kenya pursuant to subsection (1), the Chief of the Defence Forces shall be responsible for the administration, control and overall superintendence of the (1) The Defence Forces may be deployed in a joint operation and in support (2) The Defence Forces may, with the approval of the National Assembly, be (3) Whenever the Defence Forces are deployed pursuant to subsection (2), the Inspector-General of the National Po34. Regulation of support operation, etc. (1) In the event of the Defence Forces being deployed in support of the National Police Service, such deployment shall comply with constitutional (2) Where the deployment of the Defence Forces in support of the National Police Service is approved as contemplated in Article 241(3) of the Constitution and section 33(1), the Cabinet Secretary shall, within twenty four hours, issue a (3) Where the deployment under subsection (2) has been discontinued, the (a) within twenty-four hours, issue notice in the , of the (b) report to the National Assembly on the deployment. (a) may only be performed in such area or at such place as the National (b) shall be discontinued as National Security Council deems expedient (c) shall be performed in accordance with— (i) a code of conduct and operational procedures on the regulation of the Defence Forces support operations approved (ii) joint operation plan and guidelines issued by the Chief of the Defence Forces and the Inspector-General of National Police (A) co-operation between the Defence Forces and the (B) co-ordination of command over and control of members of the Defence Forces and the National Police Service
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31 [Issue 1] 35. Powers and duties of members while being deployed (1) Whenever the Defence Forces or any portion or member thereof has been deployed under section 33, that member of the Defence Forces shall have the same powers and exercise the same duties as those conferred or imposed (2) The powers and duties referred to in subsection (1) may only be (a) successful execution of that deployment; (b) maintenance of law and order; or (c) preservation of the internal security of the State. (3) The powers and duties referred to in subsection (1) shall not include (4) A member of the Defence Forces who arrests or detains any person or seizes any article or object shall as soon as possible hand that person, article or object over to the National Police Service or any other appropriate functionary (5) A member of the Defence Forces shall in respect of acts done or omitted (a) be liable to the same extent as a member would have been liable in like circumstances if that member was a member of thy National (b) have the benefit of all the indemnities to which a member of that (6) A member of the Defence Forces who exercises any power by virtue of (a) a member of the National Police Service any power to exercise (b) a member of the Defence Forces any power to exercise command (8) A provision of this Act relating to the powers and duties of a member of the Defence Forces may not be construed as removing, detracting from or diminishing any power or duty expressly conferred, enforced or imposed by any (9) Members of the Defence Forces deployed in terms of subsection (1) shall receive appropriate training prior to such deployment and shall be equipped (1) The Defence Council may place any officer or service member at the disposal of the service authorities of any country for the purpose of undergoing instructions or training, subject to anything to the contrary in the conditions
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(2) Pursuant to Article 240(8) of the Constitution, the National Security (a) deploy national forces outside Kenya for— (i) regional or international peace support operations; or (ii) other support operations; and (b) approve the deployment of foreign forces in Kenya. (3) Immediately after the National Security Council has deployed the Defence Forces under subsection (2), the President shall order the Chief of the Defence Forces to effect the deployment by ordering any unit of the Defence Forces to be (4) An officer or service member in service outside Kenya by virtue of this (a) shall not cease to be subject to this Act; and (b) shall retain the service member’s rights and such service shall be taken into account to the same extent as if it had been service in (1) Any treaty or agreement between the Government of Kenya and any other State or international institution or organization regarding the use or (a) members of the Defence Forces placed at the disposal of the (b) foreign military personnel and their mission while the personnel are (c) the conditions of operation of the Defence Forces, and the foreign (d) the compensation of local communities in the event of accidents in (2) A treaty or agreement entered into under subsection (1) shall put in place mechanisms to protect the interests of the local community of the place where Service in fulfillment of an international obligation which entails participation by any member of the Defence Forces in a military force under the control or with (a) is subject to such member’s rights and conditions of service under this Act, and shall be rendered by every member for such additional emoluments and benefits, including medical, travelling and subsistence, transport, leave, maintenance, assurance, insurance, tax, disability and death benefits as may be determined by
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33 [Issue 1] (b) shall not be rendered by any such member in a rank lower than that (c) shall be rendered in compliance with the customary international law and treaties or other international agreements ratified by, or binding (d) shall not have the effect of detracting from the powers and duties of the President, the Cabinet Secretary or the Chief of the Defence (a) temporarily attach to the Defence Forces any member of a force of any State or country which is placed at the disposal of the Defence Forces for that purpose by the military authorities of that State or (b) subject to the conditions applicable to his or her service, place any member of the Defence Forces at the disposal of the military authorities of any State or country for purposes of being attached (2) Subject to subsection (3) and where an international treaty or agreement applies, a member of a force of any other State or country who is attached temporarily to the Defence Forces, is subject to the laws applicable to the Defence Forces and shall be treated, and has the same power of command and punishment over members of the Defence Forces, as if he or she were a member of the Defence Forces of a rank equivalent to that held by him or her as (3) The President may, by notice in the , direct that in relation to members of a force of any State or country specified in the notice, the laws relating to the Defence Forces apply with such exceptions and subject to such 40. Command over members serving together with other military force or (1) Whenever members of the Defence Forces and any military force of (a) serving together, every member of that military force shall be treated, and have powers of command over those members of the Defence Forces, as if he or she were a member of the Defence (b) acting in combination, every officer of that military force appointed to command the combined forces or any part thereof shall be treated, and have powers of command and of punishment over those members of the Defence Forces, as if he or she were an officer of be regarded as serving together or acting in combination wh
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has, by notice in the , declared that they are so serving or acting, and the relative rank of members of the Defence Forces and of such other force is as (3) Whenever the service contemplated in this section entails members of the Defence Forces and any military force under the control of an international (a) serving together, every member of that military force shall be treated, and have powers of command over those members of the Defence Forces, as if he or she were a member of the Defence (b) acting in combination, every officer of that military force appointed to command the combined forces or any portion thereof, shall be treated, and have powers of command and punishment over those members of the Defence Forces, as if he or she were an officer of The Defence Forces shall, in the enforcement of relevant Kenyan laws at sea comply with the provisions of the United Nations Convention on the Law of the All persons subject to this Act shall enshrined under Chapter Four of the Constitution unless limited to the extent (1) The purpose of this Part is to specifically limit or restrict certain rights or fundamental freedoms set out in Chapter Four of the Constitution, as (2) The limitations of rights and freedoms under this Part are necessary for (a) the defence and protection of the sovereignty and territorial integrity (b) the protection of classified information; (c) the maintenance and preservation of national security; (d) the security and safety of (e) that the enjoyment of the rights and fundamental freedoms by any individual member of the Defence Forces does not prejudice the rights and fundamental freedoms of any other individual member of (f) good order and service discipline; and (g) public health and safety.
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35 [Issue 1] (3) The limitation under this Part shall comply with Article 24 of the (a) ensure the protection of national security, public safety, public order, public health or morals, protection of the rights and freedoms of (b) be necessary to achieve the mandate of the Defence Forces; (c) operate without discrimination; and (d) be exceptional and not impair the essence of the freedom being 44. Limitation to freedom of conscience, religion, thought, belief and opinion (1) The right to freedom of conscience, religion, thought, belief and opinion set out in Article 32 of the Constitution shall be subject to limitations in respect of a person to whom this Act applies only under the conditions set out in subsection (2) Nothing contained in or done under the authority of this Act shall be held to be inconsistent with or in contravention of freedom of conscience, religion, thought, belief and opinion set out in Article 32 of the Constitution if that act is (a) in the interests of defence, security, public safety, public order, (b) for the purpose of protecting the rights and freedoms of other persons including the right to observe and practice religion, belief, opinion without the unsolicited intervention of members of another (c) for good order and discipline in the Defence Forces. (1) The right to freedom of expression set out in Article 33 of the Constitution shall be subject to limitation in respect of a person to whom this Act applies only (2) The limitation to freedom of expression shall be to the extent that it is (a) in the interests of national defence, national security, public safety, (b) for the purpose of protecting the reputations, rights and freedoms of other persons or the private persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts martial or regulating the technical administration or the technical operation of telecommunication, posts, wireless broadcasting, communication, internet, satellite communication or
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(c) to impose restrictions upon military personnel or upon persons in the service of the Defence Forces, and except so far as that provision or, as the case may be, the thing done under the authority thereof is (d) for security and protection of information within the Defence Forces. 46. Limitation of political rights (1) Despite political rights set out in Article 38 of the Constitution, a person to (a) form, join, participate, campaign for any political cause or recruit (b) serve as a member of Parliament, the Senate, a county assembly or (2) The provisions under subsection (1) shall not apply to that persons’ right (3) The provisions under subsection (1) shall not apply to persons who serve Despite the right to freedom of movement and residence set out in Article 39 of the Constitution, that right in respect of a person to whom this Act applies shall (a) when the person is lawfully held in service custody; (b) when, within Kenya, the right of such person to leave Kenya; is reasonably restricted in the interests of defence, public security, (c) when entering or having entered, remaining within or around designated military areas subject to such conditions as may be (d) under any other circumstances which that person may be subjected (1) Despite the right to privacy set out in Article 31 of the Constitution, that (a) that person’s home or property within the barracks or any military (b) that person’s possessions are to be seized; (c) information relating to that person’s family or private affairs is (d) the privacy of a person’s communications is to be investigated or (2) In order for the limitation under subsection (1)(c) to apply, the person shall
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37 [Issue 1] (1) The right of access to information set out in Article 35(1) and (3) of the Constitution shall be subject to limitation in respect of classified information or information under the custody of the Defence Forces only under the (2) The limitation referred to under subsection (1) shall be in respect of the right of access to information held by the Defence Forces to the extent of (a) demands to furnish persons with classified information; (b) disclosing and publicising information relating to covert operations of (c) disclosing and publicising information, the disclosure or publication (3) For purposes of this section “classified information” means any information whose unauthorised disclosure would prejudice national security and includes information on the strategy, doctrine, capability, capacity and (4) The Cabinet Secretary may by regulations determine the categories of (a) which means information whose unauthorised onally grave damage to national (b) which means information whose unauthorised disclosure (c) which means information whose unauthorised (d) which means information which requires security protection other than that determined to be top secret, secret or (1) Despite the right to freedom of association set out in Article 36 of the Constitution, a person to whom this Act applies shall not join or participate in the (2) The limitation under subsection (1) shall not apply to joining or Despite the right to assemble, demonstrate, picket and petition public authorities set out in Article 37 of the Constitution, a person to whom this Act applies shall not assemble, demonstrate, picket or petition public authorities to
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52. Limitation of right to labour relations Despite the right to fair labour practices set out in Article 41 of the Constitution, a person to whom this Act applies shall not form, join, agitate or The economic and social rights set out in Article 43 of the Constitution, in respect of a person to whom this Act applies, may be limited to the extent necessary for military training and operation as shall be prescribed by (1) The rights of an arrested person in Article 49 of the Constitution may be subject to limitation in respect of a person to whom this Act applies as set out in (2) Nothing contained in or done under the authority of this Act shall be held to be inconsistent with or in contravention of the right of an arrested person in so (a) the holding of an arrested person jointly with the persons serving a (b) the holding of an arrested person without bail; or (c) the holding of an arrested person offence is punishable by a fine only or imprisonment for a term not (3) An accused person shall not be held in custody for more than eight days before he or she is arraigned before a commanding officer or a court-martial unless the commanding officer, for reasons to be recorded in writing, is satisfied (4) The commanding officer shall review his or her decision in subsection (3) after the lapse of eight days until the accused person is brought before a (1) A court-martial shall not try any civcharged with any of the offences under the Sexual Offences Act, 2006 (Act No. 3 of 2006) and the law relating to protection from domestic violence where that (2) Notwithstanding subsection (1), where a person who is subject to this Act commits an offence referred to under subsection (1) outside Kenya, that person
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39 [Issue 1] shall affect the jurisdiction of any civil court to try a person for any offence triable (1) A person who is subject to this Act is party to and guilty, upon conviction (a) actually commits the offence; (b) does or omits to do anything for the purpose of aiding any person to (c) abets any person in committing the offence; or (d) counsels or procures any person to commit the offence. (2) A person subject to this Act who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offence whether or not it was possible under the (3) Where two or more persons form an intention in common to carry out an unlawful purpose and to, assist each other in carrying out the common purpose, each of them commits an offence and anyone who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is party to and guilty, upon conviction by a court-(1) A person who is subject to this Act commits an offence if that person, with (a) abandons or delivers up any place or post which it is the person’s (b) induces any person to abandon or deliver up any place or post which it is that person’s duty to defend, or induces any person to (c) does any act calculated to imperil, the success of operations of the Defence Forces, or of any co-operating forces, or any part of the (d) having been captured by the enemy, serves with or aids the enemy in the prosecution of hostilities, or in the taking of measures (e) furnishes the enemy with arms or ammunition, or with supplies of any description, or with any other thing, whether similar to the (f) harbours or protects an enemy who is not a prisoner of war; (g) fails to make known to the proper authorities any information
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(h) gives any false air signal, or alters or interferes with any air signal or (i) when ordered by the person’s superior officer, or otherwise under orders, to carry out any warlike operations in the air, fails to use the (2) A person subject to this Act who negligently causes or allows the capture, or destruction, by the enemy of any of the aircraft of the Defence Forces or of (3) A person who commits an offence under this section is liable, upon (a) to suffer death or any other punishment provided for by this Act if (b) to life imprisonment or any lesser punishment provided for by this (1) A person subject to this Act who, without authority, communicates with or gives intelligence to the enemy or to any unauthorised person, commits an (a) to suffer death or any other punishment provided for by this Act if (b) to imprisonment for life or any less punishment provided for by this (2) For the purposes of this section, means information that is, or purports to be, about any matter that would or might be directly or indirectly (a) the number, description, armovement or condition of the Defence Forces or any co-operating forces, or of any unit of the Defence Forces or any co-operating forces, or any of the vehicles, aircraft or ships of the Defence Forces (b) any operations or projected operations of the Defence Forces or of any co-operating forces, or of any unit thereof, or of any of their (c) any code, cipher, call sign, password, countersign or frequency; (d) any measures for the defence or fortification of any place on behalf (e) the number, description or location of any prisoners of war; or (f) weapons or munitions of war. (1) A person who is subject to this Act who, in time of war or armed conflict is (a) in or about any place, vessel, aircraft, within the control or
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41 [Issue 1] (b) in or about any shipyard, any manufacturing or industrial plant; or (c) any other place or institution engaged in work in aid of the commits an offence and shall be liable, on conviction by a court-martial, to suffer (2) For purposes of this Act a person shall be deemed to be a spy if, acting clandestinely or on false pretences, the person obtains, or endeavors to obtain, intelligence in the zone of operations of the Defence Forces, with the intention of (3) For purposes of this section a person can be a spy only when, acting clandestinely, whether overtly or covertly or under false pretences, to obtain or (4) For purposes of this section, it is not essential that the accused obtain the (1) A person who is subject to this Act commits an offence if that person, (a) fails to obey orders issued by a person in command to carry out an operation of war or, on coming into contact with an enemy that it is the duty of the service member or officer to engage, does not bring (b) being in action, improperly withdraws from the action; (c) improperly fails to pursue an enemy or to consolidate a position (d) improperly fails to relieve or assist a friendly force to the utmost of (e) when in action, improperly forsakes his or her station. (2) A person who commits an offence under subsection (1) shall be liable, (a) if the officer or service member acted traitorously, to suffer death; (b) if the officer or service member acted from cowardice, to (c) in any other case a lesser punishment. (1) A person who is subject to this Act commits an offence if that person, being in command of any aircraft, ship, vehicle or establishment of the Defence (a) fails to use the person’s utmost exertions to bring into action any aircraft, ship or vehicle that it is the person’s duty to bring into
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(b) surrenders to the enemy any aircraft, ship, vehicle of the defence, any establishment or any part of an establishment of the Defence Forces, when it is capable of being successfully defended or (c) fails to pursue an enemy whom it is the person’s duty to pursue, or to assist to the utmost of the person’s ability any member of a (d) in the course of any action by or against the enemy, improperly (2) A person who commits an offence under subsection (1) shall be liable, (a) if the person acted traitorously, to suffer death or any other punishment provided for by this Act if the offence is committed with (b) to imprisonment for life or any lesser punishment provided for by this A person who is subject to this Act, who fails, if not in command of any aircraft, ship, vehicle or establishment of the Defence Forces, to use the person’s utmost exertions to carry out lawful orders of superior officers into execution when ordered to prepare for action by or against the enemy or during any such action, commits an offence and shall be liable, upon conviction by a martial (a) to suffer death or any other punishment provided for by this Act if (b) to imprisonment for life or any lesser punishment provided for by this (1) A person who is subject to this Act commits an offence if that person, (a) leaves the post, position or other place where it is the person’s duty (b) throws away the person’s arms, ammunition or tools; (c) otherwise behaves in such a manner as to show cowardice; (d) induces other persons subject to this Act to commit an offence of (e) runs away; or (f) shamefully abandons, surrenders or delivers up any command, unit, place, or military property which it is his or her duty to defend under (2) A person who commits an offence under subsection (1) shall be liable, on conviction by a court-martial, to imprisonment for life or any lesser punishment
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43 [Issue 1] (a) “running away” (i) that the accused was before or in the presence of the enemy; (ii) that the accused misbehaved by moving away; and (iii) that the accused intended to avoid actual or impending (b) “abandoning, surrendering, or delivering up command”means— (i) that the accused was charged by orders or circumstances with the duty to defend a certain command, unit, place, ship, or (ii) that without justification, the accused abandoned, (iii) delivered up that command, unit, place, ship, or military A person subject to this Act who neglects to perform or performs negligently any duty lawfully imposed on that person commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two (a) spreads, whether orally, in writing, by signal or otherwise, reports relating to operations of the Defence Forces or of any co-operating forces, or of any part of any of the Defence Forces or of any co-operating Defence Forces, being reports calculated to create (b) when before the enemy, uses words calculated to create (2) A person who commits an offence under the provisions of subsection (1) shall be liable, upon conviction by a court-martial, to imprisonment for life or any A person subject to this Act who, within Kenya, unlawfully advocates for (a) publishing or circulating any writing, printing, or document in (b) teaching or advocating the use of force, commits an offence and on conviction is liable to suffer death or to lesser
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68. Being captured through disobedience or neglect, and failure to rejoin (a) is captured by an enemy through disobedience of orders or willful (b) having been captured by an enemy— (i) fails to take any reasonable and available steps to rejoin the (ii) prevents or discourages any other person subject to this Act who has been captured by the enemy from taking any (2) A person who commits an offence under the provisions of subsection (1) shall be liable, upon conviction by a court-martial, to imprisonment for life or any (a) while on guard duty or watch— (i) sleeps at the person’s post; or (ii) is drunk; or (iii) leaves the person’s post without having been regularly relieved or otherwise leaves any place where it is the person’s (b) when not on duty at a post, is asleep at a time when the person is (c) strikes or otherwise uses force against a person on guard duty or watch, being a member of the Defence Forces or any co-operating (d) by the threat of force, compels any person contemplated in (2) For the purposes of subsection (1)(a)(ii), a person is drunk if, owing to the influence of alcohol or any drug, whether alone or in combination with any other (a) is unfit to be entrusted with any duty that the person may be called (b) behaves in a disorderly manner, or in a manner likely to bring (3) References in this section to a person on guard duty or watch are (a) is posted or ordered to patrol, or has adopted the position of sentry
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45 [Issue 1] (b) is a member of a guard or other party mounted or ordered to patrol, for the purpose of protecting any persons, premises or place, or of controlling access to or egress from any premises or place, or of (c) has been ordered to keep a specific watch. (4) A person who commits an offence under this section shall be liable, on (a) for life or any lesser punishment provided for by this Act, if the (b) for not more than five years, in any other case. (1) A person who is subject to this Act commits an offence if, without lawful (a) takes or steals any property from a person who has been killed, injured, captured or detained in the course of an action or operation (b) steals any property that has been left exposed or unprotected in consequence of an action or operation of the Defence Forces or of (c) takes any aircraft, ship, vehicle, equipment or stores abandoned by (d) searches such a person with the intention of taking property from (2) A person who is subject to this Act commits an offence if, without lawful (a) takes any property which has been left exposed or unprotected in (i) an action or operation of the Defence Forces or of any force (ii) an event, or state of affairs, in relation to which such an action (b) searches any place or thing with the intention of taking property of a (3) A person who is subject to this Act commits an offence if that person takes otherwise than for the public service any vehicle, equipment or stores (4) A person who commits an offence under this section, shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding ten years 71. Offences against civil population (1) A person who is subject to this Act commits an offence if that person commits any wrongful act outside Kenya against the person or property of any
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subsection (1), shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years (a) takes part in a mutiny involving the use of violence or the threat of (b) takes part in a mutiny having as its object or one of its objects— (i) the refusal or avoidance of any duty or service against, or in (ii) the impeding of the performance of any such duty or service; (c) incites any person to take part in such a mutiny, whether actual or (2) For the purposes of this Part, means a combination between two or more persons who are subject to this Act, or between persons, at least (a) to overthrow or resist lawful authority in the Defence Forces or any co-operating forces, or in any part of the Defence Forces or any co- (b) to disobey such authority in such circumstances as to make the disobedience subversive of discipline, or with the object of avoiding (c) to impede the performance of any duty or service in the Defence Forces or in any co-operating forces, or in any part of the Defence (3) A person who commits an offence under subsection (1) shall be liable, (a) to suffer death or any other punishment provided for by this Act if (b) to imprisonment for life or any lesser punishment provided for by this (a) fails to use the person’s utmost exertions to suppress or prevent a (b) fails to report to a superior officer or any other appropriate authority (2) A person who commits an offence under subsection (1), shall be liable, (a) to suffer death or any other punishment provided for by this Act if
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47 [Issue 1] (b) to imprisonment for life or any less punishment provided for by this (a) deserts; or (b) persuades or procures any person subject to this Act to desert. (a) with the intention, either at the time or formed later, of remaining (i) leaves the Defence Forces; or (ii) fails to join or rejoin the Defence Forces when it is the (b) being an officer, enlists in or enters the Defence Forces without (c) being a service member, enlists in or enters the Defence Forces (d) is absent without leave, with intent to avoid serving in any place outside Kenya, or to avoid service or any particular service when (e) is absent without leave for a continuous period of more than ninety (3) A person who commits an offence under subsection (1), shall be liable, (a) to imprisonment for life or any lesser punishment provided for by this (i) the offence was committed under subsection (1)(a), the under orders for active service (ii) the offence was committed under subsection (1)(b) the person in relation to whom it was committed was on active service or (b) to imprisonment for not more than two years, in any other case. (4) In addition to, or without any other punishment, a court-martial that convicts an officer or service member of desertion; other than a reservist called out on permanent service, may direct that the whole or any part of any service (a) is absent without leave; or (b) persuades or procures any person subject to this Act to be absent
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(2) A person who commits an offence under subsection (1) shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years (a) knowingly assists any person who is subject to this Act to desert, or (b) knowing that any person subject to this Act has deserted or is absent without leave, or is attempting to desert or to be absent without leave, fails to report that fact without delay, or fails to take (2) A person who commits an offence under subsection (1) shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years (a) without authority, leaves his or her place of duty; (b) without authority, is absent from his or her place of duty; or (c) having been authorised to be absent from his or her place of duty, fails to return to his place of duty at the expiration of the period for ravenes, or refuses or fails to comply with, any provision of any standing or routine orders, being a provision that the person is aware of, or might reasonably be expected to be aware of, commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment provided for under this (2) For the purposes of subsection (1), “standing or routine orders” means any order of a continuing nature, made for any formation or unit or body of service members, or for any command or other area, garrison or place, or for any (1) A person who is subject to this Act commits an offence if that person disobeys any lawful command given or sent directly to that person in such a (2) A person who commits an offence under subsection (1) shall be liable, on (a) not exceeding five years or any lesser punishment provided for by
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49 [Issue 1] (b) for not more than two years or any lesser punishment provided for A person subject to this Act who disobeys a lawful command of a superior officer, commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment A person subject to this Act who issues a manifestly unlawful order commits an offence and shall, on conviction by a court-martial, be sentenced to a term not (1) A person who is subject to this Act commits an offence if that person without reasonable or lawful excuse, fails to attend for any parade or other service duty of any description or leaves any such parade or duty before being (2) A person who commits an offence under subsection (1) shall be liable, upon conviction by a court-martial, to imprisonment for a term not exceeding two (1) A person who is subject to this Act commits an offence if that person knowingly or having reasonable cause to believe, that a person subject to this (a) strikes or otherwise uses violence against, or offers violence to that (b) uses threatening or insubordinate language or displays disrespectful (2) A person who commits an offence under subsection (1) shall be liable, on (a) for a term not exceeding five years or any lesser punishment provided for by this Act, if the offence was not committed on active service and did not involve striking or otherwise using violence against, or offering violence to, a superior officer exercising authority (b) for life or any lesser punishment provided for by this Act, in any (a) an officer, service member, duty officer or officer of the patrol; or
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(b) a person, whether subject to this Act or not, lawfully exercising authority under or on behalf of a military police, duty officer or officer (2) A person who commits an offence under subsection (1) shall be liable, upon conviction by a court-martial, to imprisonment for a term not exceeding two (a) falsely pretends to be suffering from sickness or disability; or (b) incurs a self-inflicted injury with the intent to become unfit or temporarily unfit for service, or with that intent, causes or allows (c) injures another person subject to this Act at the instance of that other person, with the intent to render that other person unfit or (d) with intent to become or remain unfit or temporarily unfit for service, does or fails to do anything to produce, prolong or aggravate any sickness or disability, whether at the time of the act or omission the (2) A person who commits an offence under subsection (1) shall be liable, upon conviction by a court-martial, to imprisonment for a term not exceeding two (1) A person who is subject to this Act commits an offence if, due to the (a) that person is unfit to be entrusted with his or her duty or any other duty which he or she might reasonably be expected to be called (b) that person’s behavior is disorderly or likely to bring discredit to the (a) the drug was taken or administered on medical advice and the (b) the drug was taken or administered for a medicinal purpose, and the person had no reason to believe that the drug might impair his or her ability to carry out the duties mentioned in subsection (1)(a) or as the case may be, result in his behaving in a way mentioned in (a) (b)
[Rev. 2012] No. 25 of 2012
51 [Issue 1] (4) A person guilty of an offence under this section is liable to imprisonment, upon conviction, for a term not exceeding two years or to any lesser punishment (a) fights, threatens or quarrels with any other person whether subject (b) uses threatening, abusive, insulting or provocative words or commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment (2) In this section includes acts, signals or anything said by that 87. Offences concerning public or non-public property (a) steals or fraudulently misapplies, misappropriates any public or non-public property, or is concerned in or connives at the stealing or (b) receives or retains any public or non-public property, knowing or having reason to believe it to have been stolen or to have been (c) willfully damages, or is involved in the willful damage of, any public (d) by willful neglect causes damage by fire to any public or non-public (2) A person who commits an offence under subsection (1) shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding seven (a) steals or fraudulently misapplies any property belonging to a person subject to this Act, or is concerned in or connives at the stealing or (b) receives or retains any property, knowing or having reason to believe it to have been stolen or to have been fraudulently (c) willfully damages, or is concerned in the willful damage of, any
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(2) A person who commits an offence under subsection (1) shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years (a) does an act that causes damage to or the loss of any public, non-public property or any property belonging to another person subject (b) either— (i) intends to cause damage to or the loss of any such property, (ii) is reckless as to whether he or she causes damage to or the (a) negligently, does an act that causes damage to or the loss of any (b) does an act that is likely to cause damage to or the loss of any (i) is reckless as to whether he causes damage to or the loss of (ii) is negligent. (a) (b) references to (c) (d) means property of a tangible nature, and references to public property, non-public property, or property belonging to a (4) A person who commits an offence under this section is liable to upon conviction by a court-martial, to imprisonment for a term not exceeding fifteen 90. Causing fire A person subject to this Act who willfully or negligently or by neglect of, or contrary to regulations, orders or instructions, does any act or omits to do anything, which act or omission causes or is likely to cause fire to occur in any material, the Defence Forces establishment or work for the Defence Forces, (a) if the person acted willfully, is liable to imprisonment for life or to (b) in any other cases, is liable to imprisonment for term not exceeding
[Rev. 2012] No. 25 of 2012
53 [Issue 1] (1) A person subject to this Act who steals commits an offence and on (a) if by reason of the person’s rank, appointment or employment or as a result of any lawful command the person, at the time of the commission of the offence, was entrusted with the custody, control or distribution of the thing stolen, is liable to imprisonment for a term (b) is liable to imprisonment for a term not exceeding seven years or to (2) A person who fraudulently and without claim of right takes anything capable of being stolen, or fraudulently converts to the use of any person, other than the general or special owner thereof, any property, would be deemed to (3) A person who takes anything capable of being stolen or who converts any (a) an intent permanently to deprive the general or special owner of the (b) an intent to use the thing as a pledge or security; (c) an intent to part with it on a condition as to its return which the (d) an intent to deal with it in such a manner that it cannot be returned in the condition in which it was at the time of the taking or (e) in the case of money, an intent to use it at the will of the person who takes or converts it, although he or she may intend afterwards to (4) For the purposes of this section “special owner” includes any person who has any charge or lien upon the thing in question, or any right arising from or (5) When a thing stolen is converted, it is immaterial whether it is taken for the purpose of conversion, or whether it is at the time of the conversion in the possession of the person who converts it, and it is also immaterial that the person who converts the thing in question is the holder of a power of attorney for (6) When a thing converted has been lost by the owner and found by the person who converts it, the conversion is not deemed to be fraudulent if at the time of the conversion the person taking or converting the thing does not know who is the owner, and believes on reasonable grounds that the owner cannot be (7) A person shall not be deemed to have taken a thing unless he or she
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Any person who is subject to this Act who receives or retains in his or her possession any property obtained by the commission of any service offence, knowing the property to have been so obtained, commits an offence and on conviction by a court-martial is liable to imprisonment for a term not exceeding (a) willfully destroys or improperly sells or wastefully expends any non-public or public property or property of any forces cooperating with (b) willfully destroys or improperly sells any property belonging to (c) sells, pawns or otherwise disposes of any cross, medal, insignia or commits an offence and on conviction by a court-martial is liable to imprisonment for a term not exceeding two years or to lesser punishment provided for under A person subject to this Act who, either willfully or negligently, causes or allows any aircraft, ship or vehicle of the Defence Forces to be captured, lost, destroyed, damaged, stranded or hazarded commits an offence and shall be (a) life or any lesser punishment provided for by this Act, if the person (b) imprisonment for a term not exceeding two years, in any other case. A person subject to this Act who, being in command of an aircraft, ship or vehicle of the Defence Forces or being a member of its crew, without lawful (a) receives or permits to be received on board the aircraft, ship or vehicle any goods or merchandise intended for disposal or delivery by way of trade or business (whether on own account or on account of any other person), not being merchandise received in the course (b) agrees to carry any goods or merchandise on board the aircraft, ship or vehicle in consideration of the payment of freight, or commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment
[Rev. 2012] No. 25 of 2012
55 [Issue 1] (a) loses, or by negligence damages any public property or non-property of which the person has the charge or which has been entrusted to the person’s care, or which forms part of property of which the person has the charge or which has been entrusted to the (b) loses, or by negligence damages any clothing, arms, ammunition or other equipment issued to the person for use for the purposes of the (c) by negligence causes damage by (d) fails to take proper care of any animal or bird of which the person (e) pawns, sells, destroys or otherwise makes away with any service decoration granted to the person or any clothing, arms, ammunition or other equipment issued to the person for use for service unless, in the case of a person charged with losing any property or any service (2) A person who commits an offence under subsection (1) shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years 97. Billeting offences (a) obtains billets, or orders or procures another person to obtain them, knowing that no billeting order is in force authorising the person to demand those billets or that the person is otherwise not authorised (b) takes, agrees to take or demands from a person on whom that person or any other person or any vehicle is or is to be billeted under a billeting order any money or thing as consideration for not requiring, or for ceasing to requi (c) commits any wrongful act against the person or property of the occupier of premises in which the person is billeted under a billeting order or of any other person who is in those premises, or against any other property in those premises, or willfully or by willful neglect (2) A person who commits an offence under subsection (1) shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years
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(a) gives directions for the provision of a vehicle, or orders or procures another person to give them, knowing that no requisitioning order is in force authorising the person to give direction for the provision of that vehicle and that the person is not otherwise authorised to give (b) in purported exercise of powers conferred by a requisitioning order, vehicle, knowing that no requisitioning order is in force under which the taking possession of the vehicle could be authorised or that the taking possession thereof is otherwise not authorised under such an (c) takes or agrees to take, or demands, from a person any money or thing as consideration for directions, or any particular directions, for the provision of a vehicle not being given, or for possession of a vehicle not being taken or not being retained, under a requisitioning (2) Subsection (1) applies in relation to aircraft, ships, boats, trains, railway rolling stock, horses, mules, donkeys and camels, food, forage and stores within (3) A person who commits an offence under subsection (1) shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding five years or makes any omission in flying an aircraft of the Defence Forces, or in the use of any such aircraft, or in relation to any such aircraft or to aircraft material, which causes or is likely to cause loss of life or bodily injury to any person commits an offence and shall be liable, on conviction by a court-martial, to imprisonment (a) a term not exceeding two years, if the person has not acted willfully (b) life or any lesser punishment provided for by this Act, in any other A person subject to this Act who, being the pilot of an aircraft of the Defence (a) while taking off or landing; or (b) in such other circumstances as may be prescribed, commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment
[Rev. 2012] No. 25 of 2012
57 [Issue 1] A person subject to this Act who, being the pilot of an aircraft of the Defence Forces, flies it so as to cause, or as to be likely to cause, unnecessary annoyance to any person commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any (a) when another person subject to this Act is under arrest— (i) unnecessarily delays taking any steps that the person is responsible to take for investigating the allegations against that other person, or for having the allegations against that other person investigated by military police or tried by a court- (ii) fails to release, or effect the release of, that other person when (b) having committed a person, in this paragraph referred to as the “prisoner”, to the custody of an officer or non-commissioned officer the person fails without reasonable cause to deliver to the person to whose custody the prisoner was committed a report signed by himself or herself of the offence that the prisoner is alleged to have (i) at the time of the committal; or (ii) if it is not practicable so to do at the time of the committal, (c) is in command of a guard and— (i) a prisoner is committed to (ii) upon being relieved of that guard duty, or in any case within twenty-four hours after the committal, that person fails, without reasonable cause, to give to the officer to whom it is the (A) a written statement containing, so far as known, the prisoner’s name and alleged offence and the name and rank or other description of the person by whom the (B) the report required by paragraph (b), if that person has (2) A person who commits an offence under this section shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years
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(a) willfully allows a prisoner who is within the person’s charge, or (b) without proper authority releases a prisoner who is within the (c) without reasonable excuse, allows a prisoner who is within the (2) A person who commits an offence under subsection (1) shall be liable, (a) seven years, or any lesser punishment provided for by this Act, in (b) two years or any lesser punishment provided for by this Act, in any (1) A person who is subject to this Act commits an offence if that person, (a) refuses to obey any officer who orders the person be arrested; or (b) strikes or otherwise uses violence against, or offers violence to— (i) any such officer; or (ii) another person, whose duty it is to apprehend the person, or whether or not the officer is the person’s superior officer or that other person (2) A person who commits an offence under subsection (1) shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding three A person subject to this Act who escapes from arrest, prison or other lawful custody (whether service custody or not) commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two (a) having been duly summoned or ordered to attend as a witness (b) refuses to swear an oath or affirm when duly required by a court-
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59 [Issue 1] (c) refuses to produce any document in the person’s custody or under the person’s control, and which a court-martial has lawfully required (d) when as a witness, refuses to answer any question which a court- (e) willfully insults or intimidates any person who is a member of a court-martial or a witness, or any other person whose duty it is to attend on or before the court, while that person is acting as a member thereof or is so attending, or willfully insults any person while that person is going to or returning from the proceedings of the (f) willfully interrupts the proceedings of a court-martial or otherwise (2) A person who commits an offence under subsection (1) shall be liable, on conviction by court-martial, other than the court in relation to which the offence (3) Despite subsection (2), if an offence under subsection (2)(e) or (f) is hand of the presiding officer, order the offender to be imprisoned for a term not exceeding twenty-one days, if the court-martial considers that it is expedient that the offender should be dealt with summarily by the court instead of being brought (1) A person subject to this Act who, having been lawfully sworn as a witness or as an interpreter in proceedings before a court-martial or before any board or person having power under this Act to administer oaths, makes a statement that is material in those proceedings, knowing it to be false, or not believing it to be true, commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding seven years or any lesser punishment (2) A person shall not be liable of an offence under this section solely upon A person who is subject to this Act commits an offence if that person prevents (a) in executing a warrant for the arrest of a person subject to this Act who has committed or is suspected of having committed an offence (b) in lawfully arresting without a warrant a person subject to this Act. (2) A person who commits an offence under subsection (1) shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years
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(1) A person subject to this Act who is in command of an aircraft or ship (a) having taken any aircraft or ship as prize, fails to send to the High Court; or to some other prize court having jurisdiction in the case, all the aircraft’s papers or ship’s papers, as the case may be, found on (b) unlawfully makes any agreement for the ransoming of any aircraft, (c) under any agreement contemplated in paragraph (b), or otherwise by collusion, restores or abandons any aircraft, ship or goods taken (2) A person who commits an offence under subsection (1) shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding five years (a) strikes or otherwise ill-treats any person who is on board an aircraft (b) removes out of any aircraft or ship taken as prize, otherwise than for safe keeping or for the necessary use of the Defence Forces, any (c) breaks bulk on board any aircraft or ship taken as prize, or detained in exercise of any belligerent right or under any law, with intent to (2) A person who commits an offence under subsection (1) shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding five years (a) promotes or is a member of, or takes part in the activities of, any (b) expresses political views in public; or (c) addresses any meeting, or joins in any demonstration, the purpose of which is to express support for a political association or object or for a commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment provided for by this Act but this section does not prevent any person from voting
[Rev. 2012] No. 25 of 2012
61 [Issue 1] A person who is subject to this Act commits an offence if that person, when before a recruiting officer for the purpose of being attested under this Act knowingly gives a false answer to any question contained in the attestation paper (a) gives a false answer to any question set out in any document (b) furnishes any false information or false document, in relation to the commits an offence and on conviction is liable to imprisonment for a term of less (a) makes, signs or makes an entry in any report, return, pay list or certificate or other document, being a document or entry which is to (b) alters any report, return, pay list or certificate or other document, or alters any entry therein, so that the document or entry is to the person’s knowledge false in a material particular, or suppresses, defaces or makes away with any such document or entry which it is (c) fails to make an entry in any such document so that the document is (2) A person who commits an offence under subsection (1) shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding five years (a) willfully or negligently makes a false statement or entry in a document made or signed by that person and required for official purposes or who, being aware of the falsity of a statement or entry (b) when signing a document required for official purposes, leaves in (c) with intent to injure any person or with, intent to deceive, suppresses, defaces, alters or makes away with any document or commits an offence and on conviction is liable to imprisonment for a term not
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116. Falsely obtaining or prolonging leave A person subject to this Act who knowingly makes a false statement to any member or authority of the Defence Forces, or to a police officer, or to an administrative officer, for the purpose of obtaining or prolonging leave commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment provided for by this A person who is subject to this Act commits an offence if the person, without (a) a certificate relating to any aircraft of the Defence Forces or any (b) a certificate relating to any, matter affecting the sea going or fighting (2) A person who commits an offence under subsection (1) shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years Any officer who behaves in a scandalof an officer, commits an offence and shall be, on conviction by a court-martial, dismissed from the Defence Forces or any other lesser punishment provided for Any officer, warrant officer or non-commissioned officer who knows or has reasonable cause to believe that a person subject to this Act is of inferior rank, or is of the same rank but of less seniority, strikes or otherwise ill-treats such a person, that officer commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding five years or any lesser A person subject to this Act who engages in an act or disgraceful conduct of a cruel, indecent or unnatural kind commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding ten years Any person subject to this Act who commits any act, conduct or neglect to the prejudice of good order and service discipline commits an ofliable, on conviction by a court-martial, to imprisonment for a term not exceeding
[Rev. 2012] No. 25 of 2012
63 [Issue 1] (a) makes an accusation against any other person subject to this Act, (b) in making a complaint that the person has been wronged— (i) makes a statement affecting the character of another person subject to this Act, knowing it to be false or not believing it to (ii) willfully suppresses any material facts. (2) A person who commits an offence under subsection (1) shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding seven A person subject to this Act who negligently or deliberately fires or discharges ammunition from a weapon in the person’s charge or entrusted to the person’s care, or which forms part of property within the person’s charge or issued to the person for use for service purposes, commits an offence and shall be liable, on (a) for a term not exceeding two years or any lesser punishment provided for by this Act in the case of negligent firing or discharge (b) for a term not exceeding seven years or any lesser punishment provided for by this Act in the case of deliberate firing or discharge (a) engages in corruption, malpractices, or any act or omission while in (b) causes loss by their dereliction of duty, commits an offence and shall, upon conviction, be punished, as the circumstances may require, in accordance with the provisions of the Penal Code (Cap. 63), the Anti-Corruption and Economic Crimes Act, 2003 (Act No. 3 of 2003) the law relating to public procurement and disposal of public property, or any other written (1) A person subject to this Act who, during an operation or in any other (a) take reasonable precautionary or security measures necessary to
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(b) maintain in good order or ensure the safety of the depots, installations, works, resources or other objects, for which he or she thereby hazarding them, commits an offence and shall upon conviction by a court-martial be sentenced to imprisonment for a term not exceeding one year or (2) Where the offence is committed in time of emergency, general (a) not exceeding three ears in the case of intentional failure; or (b) not exceeding one year in the case of negligence. person, commits an offence and shall be liable on conviction, by a court-martial, to imprisonment for a term not exceeding seven years or to a lesser punishment (2) A person subject to this Act who, in abuse of his or her commission or of the military authority conferred upon him, exempts from service a person who is legally under a liability to perform it, commits an offence and shall be liable on conviction, by a court-martial, to imprisonment for a term not exceeding seven (3) Where the offence is committed in time of emergency, general mobilization or war, the person shall on conviction by a court-martial to imprisonment for a term not exceeding ten years or to a lesser punishment virtue of his or her commission, appointment, rank or title abuses such authority or improperly assumes authority not conferred by such commission, commits an offence and shall be liable on conviction, by a court-martial, to imprisonment for a term not exceeding seven years or to a lesser punishment as may be provided this Act commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment (2) For purposes of this section, a person shall not be guilty of an offence specified under subsection (1), unless the act in question constitutes the (a) an accused person is or was at the time of the commission of the (b) an accused person fraternized on terms of military equality with one or more service members in a certain manner prescribed by
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65 [Issue 1] (c) the accused person at the time of the fraternization, knew the (d) the fraternization violated military customs and traditions; (e) under the circumstances, the conduct of the accused resulted to (f) under the circumstances, the conduct of the accused was of such (a) fails to disclose on enlistment or commissioning the fact that the (b) acquires dual citizenship while in service. (2) A person who commits an offence under subsection (1) shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years (1) A person subject to this Act who, before, at, during or in anticipation of an examination, cheats commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term, not exceeding two years or any lesser (a) by a fraudulent trick or device or in abuse of office or with intent to unjustly benefit any person, by which the person procures, a question paper or an answer script produced or intended to be used in an examination or graded exercise, or gives, allows to be given to another person, allows to be procured for another person or is in any way concerned in the unjust benefit, procurement or giving of (b) by any false pretence with intent to cheat or unjustly benefit the person or any other person or for any other purpose whatsoever, buys, sells, procures or otherwise deals with a question paper or answer script intended for use or represented as genuine in respect (3) For the purposes of subsection (2), it is immaterial that the question paper or answer sheet concerned is proved not to be the one in question, or to be false, A person subject to this Act who attempts to commit an offence under any of the provisions of this Act commits an offence and shall be liable, on conviction by (a) imprisonment for a term not exceeding seven years, if the attempted
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(b) the same punishment as is provided for the attempted offence, in (1) Where a person subject to this Act who aids, abets, counsels or procures the commission by another person of an offence to which this Act applies, that (2) A person who commits an offence under subsection (1) may be charged, tried, including dealt with at a summary hearing and punished as a principal (3) A person subject to this Act who aids, abets, incites, counsels, procures or connives at the commission by another person of an offence under any of the (1) A person subject to this Act who commits a civil offence whether in Kenya (a) if the civil offence is treason or murder, sentenced to death; and (b) in any other case, liable to any punishment which a civil court could award for the civil offence if committed in Kenya being one or more of the punishments provided for by this Act, or such punishment, less than the maximum punishment which a civil court could so (2) Where a civil court cannot sentence to imprisonment, a person convicted shall be liable to suffer that punishment, less than dismissal from the Defence (3) Where the civil offence is murder or manslaughter, the offence shall be deemed to have been committed at the place where the act or omission which A person subject to this Act who, having been released from the Defence Forces by reason of a sentence of a court-martial or by reason of misconduct, has afterwards been enrolled in the Defence Forces without declaring the circumstances of that release commits an offence and on conviction by a court-martial, is liable to imprisonment for a term not exceeding two years or to lesser A person subject to this Act who is concerned in the enrolment of any other person and who knows or has reasonable grounds to believe that by being enrolled that other person commits an offence under this Act commits an offence and on conviction by a court-martial is liable to imprisonment for a term not
[Rev. 2012] No. 25 of 2012
67 [Issue 1] A person subject to this Act who, on receiving an order to submit to inoculation, re-inoculation, vaccination, re-vaccination, other immunization procedures, immunity tests, blood examination or treatment against any infectious disease, except diseases precluded by any written law, willfully and without reasonable excuse disobeys that order commits an offence and on conviction by a court-martial is liable to imprisonment for a term not exceeding Subject to section 139, a member of the military police may arrest any person who is subject to this Act, suspected to have committed an offence under this A member of the Defence Forces who is exercising a power of arrest, may Act, or is alleged to have committed or is reasonably suspected of having committed an offence under this Act, may be arrested without warrant in (2) An officer may be arrested by an officer of superior rank, or, if engaged in (3) A service member or cadet may be arrested by an officer, a warrant officer or a non-commissioned officer, but shall be arrested only by a person of (4) A member of the military police may arrest any officer or service member, but an officer shall be arrested only on the order of another officer in accordance (6) The power of arrest given by this section may be exercised either personally, or by ordering the arrest of the person to be arrested or by giving (1) The allegations against a person arrested under sections 137 or 141 shall be investigated without unnecessary delay, and as soon as practicable thereafter either proceedings shall be instituted to deal with the allegations or the person
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(2) Where a person who is subject to this Act remains in custody for eight (a) a special report on the necessity for further delay shall be made by the person’s commanding officer to the Service Commander in the (b) a similar report shall be made to the Service Commander in the prescribed manner every eight days until a court-martial sits or the (3) Where an accused person is on active service, subsection (2) shall not apply except so far as is reasonably practicable, having regard to the exigencies (4) Notwithstanding the extensions granted under subsection (2), circumstances under subsection (3) or limitation of rights of an arrested person provided for under section 54, a person shall not, at any given time, whether in active service or not, be held in custody for a period exceeding forty two days in (5) Where the summary disciplinary proceeding have not commenced or the court-martial has not been convened after the expiry of forty two days, the commanding officer shall hold the accused person under open arrest on such (1) A police officer may arrest any person whom the police officer has reasonable cause to suspect of being an officer or service member who has (2) If a police officer is not available, any person may arrest another person whom the first person has reasonable cause to suspect of being an officer or (3) Any person who has the authority to issue a warrant for the arrest of a person suspected of committing or having committed a criminal offence, who is satisfied by evidence on oath that there is an officer or service member who has, or is reasonably suspected of having, deserted or is absent from duty without leave within the authorised person’s jurisdiction, may issue a warrant authorising (4) Any person who is arrested under this section shall as soon as is (5) Despite provisions of any other written law, a person who has been arrested and brought before a Magistrates’ Court under this section or under 142. Proceedings before civil court where a suspected deserter or an (1) This section applies when a person, who is brought before a Magistrates’ Court, is alleged to be an officer or service member or a member of the
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69 [Issue 1] (2) If a person brought before the Magistrates’ Court as contemplated in subsection (1) is simultaneously in custody for some other cause, the Magistrates’ Court may act in accordance with subsections (3) or (4), as (3) If the person admits to being illegally absent from the Defence Forces, and the Magistrates’ Court is satisfied of the truth of the admission, the (a) cause the person to be delivered into service custody in such (b) commit the person to a prison, police station or other place provided for the confinement of persons in custody, for a period that the Magistrates’ Court may consider reasonably necessary for the purpose of enabling that person to be delivered into service custody (4) If the person does not admit to being illegally absent, or if the Magistrates’ Court is not satisfied of the truth of the admission, the Magistrates’ Court shall (a) cause that person to be delivered into service custody or commit the person as provided for in subsection (3), if the Magistrates’ Court is (i) the accused is subject to this Act; and (ii) there is sufficient evidence to justify the accused being tried under this Act for the offence of desertion or absence without (b) discharge the accused, unless the accused is in custody for another (5) The time fixed by the Magistrates’ Court under subsection (2) may be extended from time to time if it appears to the Magistrates’ Court reasonably (6) The provisions of the Criminal Procedure Act (Cap. 75) relating to the constitution and procedure of Magistrates’ Courts, powers of adjournment and remand of persons accused, and relating to evidence and the issue and enforcement of summonses or warrants to secure the attendance of witnesses, (1) If an officer, service member or a member of the constabulary who has deserted or is absent without leave, surrenders to a police officer elsewhere than (2) If an officer, service member or a member of the constabulary who has deserted or is absent without leave, surrenders to a police officer at a police station, or is brought to a police station under subsection (1), the police officer in charge of the police station shall forthwith inquire into the case, and, if it appears
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that the person is an officer, service member or a member of the constabulary (a) cause the person to be delivered into service custody without being (b) bring the person before a Magistrates’ Court. (1) If a Magistrates’ Court deals with a person under section 142, when that person is delivered into service custody, there shall be handed over with the person, a certificate in the prescribed form, signed by a magistrate, containing (2) If a person is delivered into service custody without being brought before a court under section 143, or under any other lawful power, there shall be handed over with the person a certificate, in the prescribed form, signed by the police officer who causes the person to be delivered into service custody, (a) a document, purporting to be a certificate under subsection (1) or subsection (2) of this section, or under the corresponding provisions of any service law other than this Act, and to be signed as required, (b) if the proceedings are against a person who has been taken into service custody on arrest or surrender, a certificate purporting to be signed by a military police or any corresponding officer of the forces of another country, or by any other officer in charge of the guard-room or other place where that person was confined on being taken into custody, stating the fact, date, time and place of arrest or It shall be the duty of the superintendent or other person in charge of a civil prison, or the person in charge of any police station or other place provided for the confinement of persons in custody, to receive any person duly committed to that prison, police station or place by a Magistrates’ Court as being an officer, service member or member of the constabulary who has deserted or is absent without leave, and to detain that person until delivered into service custody in (1) If a person who is charged with, or with a view to being charged with, an offence under Part VI is in service custody, it shall be the duty of the superintendent or other person in charge of a civil prison, or the person having charge of any police station or other place provided for the confinement of persons in custody, to receive and detain that person for a period not exceeding fifteen days, upon receiving a written order, in the form prescribed in the Third
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71 [Issue 1] (2) Despite subsection (1), if a person who is charged with an offence under Part VI or the corresponding provisions of any service law other than this Act is in service custody, a magistrate empowered to hold any Magistrates’ Court, on application being made by affidavit or other sworn evidence by the commanding officer of the person in custody and being satisfied that it is in the interest of law and order to do so may, by warrant, from time to time, remand the person to a civil prison, police station or other place provided for the confinement of persons (3) A magistrate to whom an application is made under subsection (2) may, on the same application or on a subsequent application made by the commanding officer, by endorsement on the warrant, order that the person in custody be returned to service custody for such periods as may be necessary to enable a court-martial to be held, or may order the person’s discharge from the (a) by Article 47 of the Constitution; and (b) with necessary modifications, and without derogating from the essence of the right or limiting the right to fair hearing of an accused (1) Subject to the prescribed limits, the commanding officer or appropriate superior authority may summarily deal with a charge for an offence prescribed as fficer or appropriate superior authority (2) Despite subsection (1), a commanding officer of the rank of major or corresponding rank shall not deal summarily with a charge against an officer of the rank of captain or corresponding rank or above, and a commanding officer below the rank of major or corresponding rank shall not deal summarily with a For purposes of this Act, the appropriate superior authority is the Chief of the Defence Forces, Service Commander or such officer, not below the rank of Lieutenant-Colonel or corresponding rank, as may be prescribed but an officer of a prescribed rank shall not be the appropriate superior authority for the purposes If a person who is subject to this Act is accused of an offence under Part VI, the accusation shall be reported in the form of a complaint to the accused’s commanding officer, and the commanding o
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Rights and representation of an accused person during trial (1) An accused person who is subject to this Act shall be informed of the charges against him or her and of his or her right to be represented during the (2) Subject to subsection (1), a person may be nominated as a representative (a) that person is an officer or a service member and remains as such (b) that person consents to the nomination; (c) the nominee is available and accessible at the time of the proposed (d) the nominee is not of an equivalent rank or higher rank than the trial (3) The nominee under subsection (2) shall not be a person trained as a (4) Notwithstanding subsection (3), where the offence is punishable by death, the accused person shall be entitled to legal representation at the expense of the (1) A commanding officer or appropriate superior authority may try an (a) the accused person is within the prescribed ranks, that the (b) having regard to the gravity of the offence, the commanding officer (c) if the accused person has the right to elect to be tried by a court- (d) the offence is not one that, according to regulations, the (e) the commanding officer does not have reasonable grounds to believe that the accused person is unfit to stand trial or was suffering from a mental disorder at the time of the commission of the (2) Unless it is not practicable, having regard to all the circumstances, for any other commanding officer to conduct the summary trial, a commanding officer may not preside at the summary trial of a person charged with an offence if the (1) A person shall not have a charge dealt with summarily for an offence under this Act, other than an offence under sections 72, 73 or 74(1)(a), unless the trial begun within three years after the commission of the offence, subject to
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73 [Issue 1] (2) When calculating a period contemplated in subsection (1), any period during which a person was illegally absent or a prisoner of war shall be (3) In applying subsection (1), in the case of an offence under section 133, if any written law requires that proceedings for the corresponding civil offence shall be brought within a particular time, that time limit shall apply to the trial of the offence under that section instead of three years (the same periods being (1) If a person who is subject to this Act accepts summary trial, that person or his or her representative may present evidence and call witnesses during the (2) The commanding officer shall consider all information offered during the hearing, and shall be convinced that the accused person actually committed the (1) After investigating a complaint against an officer or a cadet, the military in the form of an abstract of evidence (a) may deal summarily with the charge if it is one that the commanding officer has power to deal with summarily, and the commanding (b) may dismiss the charge on the groun (c) shall refer the abstract of evidence and the charge in the prescribed manner to the Director of Military Prosecutions or the appropriate (2) If the commanding officer deals with a charge summarily and records a finding of guilt, the punishments that may be awarded to an officer of the rank of captain or corresponding rank or below are, subject to the limitations hereinafter (a) forfeiture of up to six months’ seniority of rank; (b) a fine not exceeding half a month’s pay; (c) severe reprimand; (d) reprimand; (e) admonition; or (f) if the offence has occasioned any expense, loss or damage, (3) If the commanding officer deals with a charge summarily and records a finding of guilt, the punishments that may be awarded to a cadet are, subject to (a) dismissal from the Defence Forces; (b) severe reprimand;
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(c) reprimand; (d) admonition; or (e) such minor punishments as may be prescribed. (4) If the commanding officer refers a charge to the appropriate superior (a) deal summarily with the charge, if it is one that the authority has power to deal with summarily, and the authority considers that the (b) in any other case, refer the charge in the prescribed manner to the (5) If the appropriate superior authority deals with a charge summarily and records a finding of guilt, the punishments that may be awarded are, subject to (a) forfeiture of up to twelve months seniority of rank; (b) a fine not exceeding one month’s pay; (c) severe reprimand; (d) reprimand; (e) admonition; or (f) where the offence has occasioned any expense, loss or damage, (6) Except where expressly provided for by this Act, not more than one (7) Stoppages may be awarded either in addition to or without any other (8) A severe reprimand or a reprimand may be awarded in addition to (9) Notwithstanding subsections (1) to (8), the recovery under this section, in (1) After investigating a complaint against a service member, the officer or service member shall forward the investigation report in the form of an abstract of (a) shall deal summarily with the charge if the charge is one that the commanding officer has power to deal with summarily and the commanding officer considers that the charge should be so dealt (b) may dismiss the charge if the commanding officer considers that it (c) shall refer the abstract of evidence and the charge in the prescribed
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75 [Issue 1] (2) If the commanding officer deals with a charge summarily and records a finding of guilt, the punishments that may be awarded are, subject to the (a) if the accused is a warrant (i) dismissal from the Defence Forces; (ii) reduction in rank by one rank; (iii) forfeiture of seniority of rank for up to a maximum of six (iv) a fine of a sum not exceeding one month’s pay; (v) severe reprimand; (vi) reprimand; (vii) such minor punishments as may be prescribed; (viii) admonition; or (ix) where the offence has occasioned any expense, loss or (b) if the accused is a service member other than a warrant officer or (i) imprisonment for a term not exceeding forty-two days or, if the accused is on active service, active service punishment for a period not exceeding forty-two days and where more than one term of imprisonment or active service punishment is awarded in the course of the same hearing, the terms shall not exceed (ii) dismissal from the Defence Forces; (iii) a fine of a sum not exceeding one month’s pay; (iv) such minor punishments as may be prescribed; (v) admonition; (vi) where the offence has occasioned any expense, loss or (a) dismissal; (b) reduction in rank of a warrant officer, senior sergeant or sergeant, or (4) Except where expressly provided by this Act, not more than one (5) In the case of a warrant officer or non-commissioned officer, a severe reprimand or reprimand may be awarded in addition to forfeiture of seniority of (6) If an offender is on active service on the day of the sentence, a fine may (7) Stoppages may be awarded either in addition to or without any other
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(9) Notwithstanding the above provisions, the recovery under this section, in (1) Before dealing with a charge summarily, the commanding officer or appropriate superior authority, as the case may be, shall give the accused the (2) If an accused opts to be tried by a court-martial, the commanding officer or appropriate superior authority, as the case may be, shall refer the charge to (3) If two or more charges against an accused are to be heard summarily together, an option stands for trial by a court-martial in respect of any of the (a) a charge is amended; (b) a charge is substituted for another charge; or (c) an additional charge is brought, this subsection shall apply to the amended, substituted or additional charge as if the reference in subsection (1) to dealing with a charge summarily were a (5) If the accused refuses to make an option, that refusal shall be treated as (6) The accused may withdraw an option to be tried by a court-martial at any (1) If a charge has been dealt with summarily and has not been dismissed, (2) If, on a review under this section, it appears expedient to the reviewing authority, by reason of any mistake of law in the proceedings or of anything occurring in those proceedings which in the opinion of the authority involved substantial injustice to the accused, the authority may quash the finding, and if (3) If, on a review under this section, it appears to the reviewing authority (a) a punishment awarded was invalid; (b) a punishment awarded was too severe; (c) if the award included two or more punishments, those punishments or some of them could not validly have been awarded in (d) a punishment awarded was too lenient, the authority may vary the award by substituting such punishment or punishments as the authority thinks proper, being a punishment or punishments
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77 [Issue 1] which could have been included in the original award, but no award shall be varied under this subsection to the prejudice of the accused unless the accused has had an opportunity of being heard by, or of making written representation to, , “the reviewing authority” (a) the officer superior in command to the officer who dealt summarily (b) the Service Commander; (c) the Chief of the Kenya Defence Forces, if the Commander was (d) the Defence Council. (1) Upon reaching a determination in relation to any offence tried by the commanding officer, the commanding officer shall, within fourteen days, submit (2) The superior commander shall within fourteen days of receipt of the (3) The administrative review under subsection (1) shall not preclude the accused person from seeking other legal redress from any other authority (1) In the case of any proceedings, the courts martial established under (a) a Judge Advocate, appointed under section 165, who shall be the (b) at least five other members, appointed by the Defence Court-martial (c) not less than three other members in any other case. (2) The members of the court-martial shall be officers so qualified and not (a) of equivalent rank as the accu (b) the lowest ranking officer in the Defence Forces where the accused (4) The Chief Justice may make rules generally to regulate the administration
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In addition to other principles and values provided for in the Constitution, the court-martial shall, in the exercise of its powers and discharge of its functions, be (1) The court-martial may sit in any place, whether within or outside the (2) If a court-martial sitting at some place considers it necessary in the interests of justice to sit at some other place, it may adjourn for the purpose of (3) A court-martial shall have the power to try any person subject to this Act for any offence under this Act, and to award any punishment provided for by this (1) A court-martial may be convened by the Defence Court-martial Administrator or Service Court-martial Administrator in respect of each service, (2) An order convening a court-martial shall be signed either by the Defence Court-martial Administrator or by the (3) For purposes of this section, the Defence Court-martial Administrator and Service Court-martial Administrators shall be legal officers who qualify to be appointed as Registrars of the Court of Appeal and High Court respectively, and (1) The convening officer shall not be a member of a court-martial which that (2) An officer who, at any time charged with the offence and the date of the trial, has been the accused’s commanding officer, and any officer who has investigated the charge against the accused, or who under service law has held or been one of the persons holding an inquiry into matters relating to the subject-matter of the charge, shall not be a member of the court-martial which tries that accused, nor shall that person be (a) a magistrate; or (b) an advocate of not less than ten years standing,
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79 [Issue 1] In the performance of their duties, court administrators, prosecutors, the presiding officer and the members of a court-martial shall not be liable for any criminal or civil proceedings or adminomitted to be done, reported or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or (1) An accused person may, on any reasonable grounds, object to any (2) To enable the accused person exercise the right of objection conferred by subsection (1), the names of the members of the court shall be read out in the presence of the accused person before their swearing in, and the accused shall (3) Every objection made by an accused to a member shall be considered by (4) If the objection is to the presiding officer and a majority of the other members of the court allow it, the court shall adjourn and the Chief Justice shall (5) If the objection is to any other member of the court and a majority of the members entitled to vote allow it, the member objected to shall retire and the vacancy may be, or if the number of members would be reduced below the legal (1) An oath shall be taken by every member of a court-martial, the Judge Advocate and any other person attending as interpreter person recording the (a) if a child called as a witness does not, in the opinion of the court, understand the nature of the oath, the child’s evidence may be received unsworn if in the opinion of the court the child is sufficiently duty of speaking the truth, but if the child’s evidence is given unsworn on behalf of the prosecution, the accused may not be convicted upon that evidence unless it is corroborated by some (b) if a person objects to being sworn on the ground either that the person has no religious belief or that the taking of an oath is contrary to the person’s religious belief, or if it is not reasonably practicable to administer an oath to a person in the manner appropriate to the person’s religious belief, that person shall make
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(3) An oath or affirmation required to be made under this section shall be in the prescribed form and shall be administered at the prescribed time, by the (1) Subject to this section, a court-martial shall sit in open court and in the (2) A court-martial may sit in closed court if it considers it necessary or expedient in the interests of the administration of justice to do so, and without prejudice to that power a court-martial may order that, subject to any exceptions the court may specify, the public shall be excluded from all or any part of the proceedings of the court if it appears to the court that any evidence to be given or statement to be made in the course of the proceedings or that part, as the case may be, might otherwise lead to disclosure of any information which might directly or indirectly endanger security, to protect witnesses or vulnerable (3) A court-martial shall sit in closed court while deliberating on its finding or (4) A court-martial may sit in closed court on any other de(1) The rules as to the admissibility of evidence to be observed in proceedings before courts martial shall be the same as those observed in civil (2) A person shall not be required in proceedings before a court-martial to answer any question or to produce any document which that person could not be required to answer or produce, as the case may be, in similar proceedings before (3) Despite the provisions of section 25A of the Evidence Act (Cap. 80), confessions recorded before an officer not below the rank of major, other than the investigating officer, shall be admissible in a trial before a court-martial and such confessions shall be recorded in accordance with the Evidence (Out of (a) shall, in a trial by a court-martial, be admissible as evidence of the facts declared in it in a case where, and to the extent to which, oral (b) shall not be admitted in evidence in a trial by a court-martial on (i) where the declaration is put forward on behalf of the prosecution, unless a copy of the declaration has, not less than seven days before the commencement of the trial, been
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81 [Issue 1] (ii) where the declaration is put forward on behalf of the defence, unless a copy of the declaration has, not less than seven days before the commencement of the trial, or within such shorter period as the court may allow, been delivered to the Director (iii) in any case, if within three days before the commencement of the trial or such longer period as the court may in special circumstances allow, the accused or the Director of Military Prosecutions has delivered a notice in the prescribed form to the any of them requiring that oral evidence shall be given (iv) in any case, if the court-martial is of the opinion that it is desirable in the interests of justice that oral evidence should be given instead of a statutory declaration and records that it (5) A court-martial shall take judicial notice of all matters of common knowledge, including all matters within the general service knowledge of the court, and of all other matters of which judicial notice would be taken in a civil A witness before a court-martial or any other person whose duty it is to attend The courts martial shall, in relation to persons who are subject to this Act or not, and in the exercise of its powers and performance of its functions, have the powers and jurisdiction to try matters of contempt of court as provided for under (1) An accused charged before a court-martial with an offence under Part VI may be convicted of the offence as having been committed in circumstances involving a less punishment, if it is not proved that the offence was committed in (2) An accused charged before a court-martial with an offence may be (3) An accused charged before a court-martial with attempting to commit an offence may be convicted on that charge although it is proved that he or she (4) If an accused is charged before a court-martial under section 133 with attempting to commit a civil offence, the accused may be convicted on that
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(5) If an accused is charged before a court-martial with an offence under (a) the corresponding civil offence is one in proceedings for which, if the accused had been tried by a civil court for committing the offence in Kenya, the accused might have another civil (b) the court-martial finds that the accused has committed that other the accused may be convicted of an offence under section 133 in respect of the (6) An accused charged before a court-martial with an offence under Part VI may be convicted for another offence under Part VI where the evidence shows (a) the court-martial is, by reason of the death of the Judge Advocate or for any other reason, the Judge Advocate is unavailable to proceed with the hearing of the matter, his or her successor, appointed in accordance with this Act, may deal with any evidence taken down under this Act as if such evidence had been taken down by him or her or under his or her direction under this Act, and may proceed with the case from the stage at which his or her predecessor left it; (b) it is represented to the court-martial that, owing to the sickness or other incapacity of the accused, it is impracticable having regard to all the circumstances to continue the trial within a reasonable time, (2) Where for any reason, three or more members of the court-martial who started the initial hearing of the matter at hand are absent or are unable to continue with the hearing, the accused person shall have the discretion to chose to proceed with the matter with the newly appointed members or request for a (3) In the event that a mistrial is declared, a new court-martial may be (1) In proceedings before a court-martial, rulings and directions on questions (2) Any rulings or directions given under subsection (1) shall be binding on (1) Subject to this section, every question to be determined on a trial by a
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83 [Issue 1] (3) In the case of an equality of votes on the finding, the court shall acquit the (4) In the case of an equality of votes on the sentence, the Judge Advocate (5) A conviction, where the only punishment that the court can award is death shall not have effect unless it is reached with the concurrence of all members of the court and, where all the members do not concur in a conviction in such a case, the presiding officer shall declare a mistrial and the accused may be tried (1) Without prejudice to section 169, the finding of a court-martial on each (2) The sentence of a court-martial, together with any recommendation to (1) If, on the trial of a person by a court-martial, the court is of the opinion that the accused is of unsound mind and consequently incapable of making a (2) A finding under subsection (1) shall not have effect until it is promulgated (3) If a finding under subsection (1) has been promulgated, it shall forthwith be reported to the President, and the accused shall be kept in custody during the President’s pleasure in such place and manner as the President may direct, and (4) A finding under subsection (1) of this section shall not be a bar to further (1) Where a person is charged with an act or omission as an offence, and evidence is presented at the trial of that person for that offence, that the person was insane so as not to be responsible for his acts or omissions at the time when the act was done or the omission made, then if it appears to the court before which the person is being tried that he did the act or made the omission charged but was insane at the time he did or made it, the court shall make a special finding to the effect that the accused was guilty of the act or omission charged (2) When a special finding is so made, the court shall report the case for the order of the President, and shall meanwhile order the accused to be kept in (3) The President may order the person to be detained in a mental hospital,
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(4) The officer in charge of a mental hospital, prison or other place in which a person is detained by an order of the President under subsection (3) shall make a report in writing to the Cabinet Secretary for the consideration of the President in respect of the condition, history and circumstances of the person so detained, at the expiration of a period of three years from the date of the President’s order and thereafter at the expiration of each period of two years from the date of the he President may order that the person so detained be discharged or otherwise dealt with, subject to such conditions as to his remaining under supervision in any place or by any person, and to such other conditions for ensuring the safety and welfare of the person in respect of whom (6) Notwithstanding subsections (4) and (5), a person or persons thereunto empowered by the President may, at any time after a person has been detained by order of the President under subsection (3), make a special report to the Cabinet Secretary for transmission to the President, on the condition, history and circumstances of the person so detained, consideration of the report, may order that the person be discharged or otherwise dealt with, subject to such conditions as to his remaining under supervision in any place or by any person, and to such other conditions for ensuring the safety and welfare of the person in respect of whom the order is made and of the public, as the (7) The President may at any time order that a person detained by order of the President under subsection (3) be transferred from a mental hospital to a prison or from a mental hospital, or from any place in which he or she is detained (1) The punishments that may be imposed on an officer by sentence of a court-martial are, subject to the limitations hereinafter provided, those set out in (a) death; (b) imprisonment; (c) dismissal from the Defence Forces; (d) reduction in rank by one rank; (e) forfeiture of up to twelve months seniority of rank; (f) a fine not exceeding the equivalent of three months’ pay; (g) severe reprimand or reprimand; (h) admonition; (i) where the offence has occasioned any expense, loss or damage, stoppages, and in relation to an officer references in this Act to (j) fine not exceeding three million shillings.
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85 [Issue 1] (2) For the purposes of this Act, a punishment specified in any paragraph of the scale contained in subsection (1) shall be treated as less than the punishments specified in the preceding paragraphs, and greater than those (3) Except where expressly provided for by this Act, not more than one (4) Stoppages may be awarded either in addition to or without any other (5) A severe reprimand or a reprimand may be awarded in addition to (6) If an officer is sentenced by a court-martial to imprisonment, the officer shall also be sentenced to dismissal from the Defence Forces and, if the court-martial fails to sentence the officer to such dismissal, the sentence of imprisonment shall not be invalid but shall be deemed to include a sentence of (1) The punishments that may be awarded to a service member by sentence of a court-martial are, subject to the limitations hereinafter provided, those set out (a) death; (b) imprisonment; (c) dismissal from the Defence Forces; (d) where the offender is on active service on the day of the sentence, (e) in the case of a warrant officer or non-commissioned officer, reduction in rank to private or corresponding rank, or any less (f) in the case of a warrant officer or non-commissioned officer, (g) a fine not exceeding the equivalent of three months’ pay; (h) in the case of a warrant officer or non-commissioned officer, severe (i) admonition; or (j) where the offence has occasioned any expense, loss or damage, (2) For the purposes of this Act, a punishment specified in any paragraph of the scale contained in subsection (1) shall be treated as less than the punishments specified in the preceding paragraphs, and greater than those (3) Except where expressly provided for by this Act, not more than one (4) If a service member is sentenced by a court-martial to imprisonment, the member shall also be sentenced to dismissal from the Defence Forces and, if the
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court-martial fails to sentence the member to such dismissal, the sentence of imprisonment shall not be invalid but shall be deemed to include a sentence of (5) If a warrant officer or non-commissioned officer is sentenced by a court-martial to imprisonment or active service punishment, that person shall also be sentenced to reduction in rank to private or corresponding rank and, if the court-martial fails to sentence that person to such reduction in rank, the sentence shall not be invalid but shall be deemed to include a sentence of such reduction in (6) In the case of a warrant officer or non-commissioned officer, a severe reprimand or a reprimand may be awarded by a court-martial in addition to (7) If an offender is on active service on the day of the sentence, a fine may (8) Stoppages may be awarded by a court-martial either with or without any (9) Active service punishment shall consist of such duties or drills (in addition to those which the offender might be required to perform if not undergoing punishment) and such loss of privileges, as may be prescribed in the regulations, and may include confinement in such place and manner as may be prescribed and such personal restraint necessary to prevent the escape of the offender, as (1) This section applies if a person has been convicted by a court-martial, or having been dealt with summarily has been found guilty, of unlawfully obtaining any property, whether by stealing it, by receiving or retaining it knowing or having reason to believe it to have been stolen, by fraudulently misapplying it or by any (2) If any of the property unlawfully obtained has been found in the possession of the offender, the court-martial may order that it be delivered or (3) If there has been found in the possession of the offender any property (other than money) appearing to have been obtained by the conversion or exchange of any of the property unlawfully obtained, the court-martial may order that it be delivered to the person appearing to be the owner of the property (4) If money is found in the possession of the offender, whether or not it appears to have been obtained as aforesaid, or any pay or other money is due or is to become due to the offender, an order may be made that the person appearing to be the owner of the property unlawfully obtained shall be paid a specified sum out of that money as or towards compensation for the loss caused by the offence, in so far as not otherwise made good under this Act or by the (5) If any of the property unlawfully obtained has been sold or given in pawn to some other person who did not then know that it had been unlawfully obtained, an order may be made that the other person, upon restoring to its owner the
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87 [Issue 1] property sold or given as aforesaid, shall be paid a specified sum out of any money found in the possession of the offender (whether or not the money appears to be proceeds of the sale or giving in pawn) or out of any pay or other money due or to become due to the offender, as or towards compensation for the (6) If any of the property unlawfully obtained has been given in exchange to some other person who did not then know that it had been unlawfully obtained, an order may be made that the other person, upon restoring to its owner the property given as aforesaid shall have restored the property given in exchange (7) An order under this section may be made by the court-martial by whom the offender is convicted or by the commanding officer or appropriate superior authority making the finding of guilty, as the case may be, or by any reviewing (8) In this section means appearing to the court, officer or (a) if a notice of Appeal to the High Court against the conviction is lodged, until either the notice is withdrawn or the appeal is (b) in any other case, until the expiration of the period prescribed under (a) the order shall not take effect if the conviction is quashed on appeal; (b) the High Court may by order annul or vary the order although the (c) the prescribed steps shall be taken for the safe custody, during the suspended, so far as it relates to the restoration of property to the person appearing to be its owner, if the court, officer or authority making the order directs to the contrary in any case in which the title to the property appears to be (12) An order under this section shall not bar the right of any person, other than the offender or a person claiming through the offender, to recover any property delivered or money paid under the order from the person to whom it is Any finding, sentence, determination or other thing required by this Act to be promulgated shall be promulgated either by being communicated to the accused
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A sentence of death passed on a person on active service shall not be carried (1) The record of the proceedings of a court-martial shall be kept in the custody of the Defence Court-martial Administrator and the respective Service (2) Subject to this section, a person tried by a court-martial shall be entitled to obtain from the Defence Court-martial Administrator on demand at any time within the prescribed period a copy of the record of the proceedings of the court, (3) If a person tried by a court-martial dies within the prescribed period, the personal representative of that person shall be entitled to obtain from the nd at any time within the prescribed period a copy of the record of the proceedings of the court, on payment of the (4) If a person applies for a copy of the record of any proceedings under subsection (2) or subsection (3), and the Service Commander certifies that it is requisite for reasons of security that the proceedings or a part thereof should not be disclosed, the applicant shall not be entitled to a copy of the proceedings or of that part and this decision may, upon application, be reviewed by the Defence (5) In this section, “the prescribed period”, in relation to any person tried by court-martial, means the period of six years beginning with the date of the (a) the person convicted may appeal to the High Court and make subsequent appeals to any other superior court, against the (b) the Director of Public Prosecutions may appeal to the High Court (2) If a person has been acquitted of a charge by a court-martial, the Director (1) An appeal to the High Court shall not lieunless a notice of Appeal is lodged with the Registrar within twenty-one days after the acquittal, conviction or
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89 [Issue 1] (3) Except in the case of a conviction involving sentence of death, the High Court may extend the period within which a notice or Appeal shall be lodged, (a) allow an appeal against conviction and quash the conviction if it (i) is unreasonable; (ii) cannot be supported, having regard to the evidence; (iii) involves a wrong decision on a question of law; or (iv) there was a miscarriage of justice, unless the court finds that no substantial miscarriage of justice has (b) dismiss the appeal. (2) The court shall allow an appeal a (a) the evidence was such that the person acquitted should have been (b) the acquittal involves a wrong decision on a question of law, and shall pass such sentence as it thinks proper, and otherwise it shall dismiss (3) On an appeal against sentence, the court may reduce or increase the (a) was not properly convicted on a particular charge brought before the (b) was properly convicted on some other charge so brought, then, if the sentence passed by the court-martial on the appellant was not one which could lawfully be passed for the offence of which the appellant was convicted on that other charge, the High Court shall pass on the appellant such sentence as it thinks proper, in substitution for the sentence passed by the court- (a) the court-martial could lawfully have convicted the appellant of some (b) it appears to the High Court that the court-martial shall have been satisfied of facts which proved the appellant guilty of that other the High Court may, instead of allowing or dismissing the appeal, substitute for the finding of the court-martial a finding of guilty of the other offence and pass on
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the appellant such sentence as it thinks proper (being a lawfully have been passed for that other offence and not one of greater severity), (a) an appellant has been convicted of an offence committed in circumstances involving the greater of two punishments, and it appears to the High Court that the court-martial ought to have found the appellant guilty of an offence as being committed in (b) an appellant has been convicted of an offence and it appears to the High Court that the court-martial ought to have convicted the the High Court, instead of allowing or dismissing the appeal, may substitute for the conviction a conviction of the offence as being committed in circumstances involving the less punishment or, as the case may be, a conviction of the offence subject to exceptions or variations, and pass on the appellant such sentence as it thinks proper (being a sentence which could lawfully have been passed, for the offence specified or involved in the substituted finding and not one of greater (4) If, on an appeal, the High Court considers that the appellant did the act or made the omission charged but was insane so as not to be responsible for the acts or omissions at the time when the act was done or the omission was made, it shall quash the conviction and substitute a special finding that the appellant was guilty of the act or omission charged but was insane, and section 179(2) (5) The term of any sentence of imprisonment passed by the High Court under this section shall, unless the High Court otherwise directs, run from the time from which it would have run if it had been passed in the proceedings appealed against, and a sentence passed by the High Court shall be deemed for The High Court may appoint a person with special or expert knowledge to assist the Court in any such manner as it deems expedient in the discharge of justice, if the court considers that such knowledge is required for the proper (1) An appellant shall not be entitled to be present at the hearing of an appeal or at any proceedings preliminary or incidental to such an appeal, except (a) rules of court provide that the appellant shall have the right to be (b) the High Court grants leave to be present. (2) Any power of the High Court under this Part to make a determination or
[Rev. 2012] No. 25 of 2012
91 [Issue 1] If a person appeals against a conviction, sentence or both, the Director of If a person is convicted by a court-martial and sentenced to death that (a) shall not be executed until after the expiration of the period within which a notice of appeal may be lodged to the High Court against (b) if such a notice is duly lodged, the sentence shall not be executed until either the notice is withdrawn or the appeal is determined or An appellant who is in custody, shall be taken to, kept in custody at, and brought back from, any place at which the appellant is entitled to be present for the purposes of this Part in the prescribed manner, and the High Court may order the appellant to be taken to any prescribed place for the purpose of any Upon the hearing of an appeal under this In the case of an appeal, under this Part, it shall be the duty of the Defence Court Administrator to furnish the Registrar, in accordance with rules of court, an appeal under this Part, and shall obtain and lay before the High Court in proper form all documents, exhibits and other things relating to the proceedings before the court-martial that appear necessary for the proper determination of (2) The Registrar shall furnish the necessary forms and instructions relating to an appeal under this Part to any person who asks for them, to persons in charge of prisons and to such other persons as the registrar thinks fit, and every person in charge of a prison shall cause the forms and instructions so furnished to be placed at the disposal of persons imprisoned who desire to lodge an appeal Nothing in this Part shall affect the exercise of the power of mercy under
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Subject to this Part and to any rules of court, the provisions of the Criminal Procedure Act (Cap. 75) relating to the hearing of appeals from subordinate (1) A sentence of imprisonment or of active service punishment in respect of an offence under Part VI shall run from the beginning of the day on which sentence was originally pronounced by the court-martial, or was originally awarded by the commanding officer or appropriate superior authority, as the (2) If, after being convicted or found guilty of an offence, a person is convicted or found guilty of another offence either before sentence is passed under the first conviction or before the expiration of that sentence, any sentence of imprisonment or active service punishment in respect of the subsequent conviction shall be executed after the expiration of the former sentence, unless the sentence is executed concurrently with the former sentence or any part (1) If a person who is serving a sentence of imprisonment in respect of an offence under Part VI becomes unlawfully at large during the currency of the (a) in calculating the period for which the person is liable to be imprisoned under the sentence, no account shall be taken of the time beginning with the day on which the person became at large and ending with the day on which the person is taken into service custody or the custody of a civil authority or (not having been taken into such custody) returns to the place of imprisonment before he or (b) but the person satisfies the prescribed authority that, during any part of a period contemplated in paragraph (a), the person was in the custody of a civil authority otherwise than on account of an offence committed while unlawfully at large, such part shall not be disregarded in calculating the period for which the person is liable to (2) For the purposes of subsection (1), “civil authority” means an authority, other than a service authority, of Kenya or of a foreign country (including a police (a) is serving a sentence of imprisonment in a civil prison in respect of
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93 [Issue 1] (b) after being temporarily released under some law, is at large at any shall be deemed to be unlawfully at large if the period for which the person was temporarily released has expired or if an order recalling the person has been (4) Without prejudice to subsection (1), if any person who is serving a sentence of imprisonment for an offence under Part VI has been temporarily released on compassionate grounds in the prescribed circumstances, in son is liable to be imprisoned under the sentence, no account shall be taken of the time beginning with the day after that on which the person is released and ending with the day on which the person is (a) released under subsection (4) for any period; or (b) otherwise allowed out of service custody, under regulations made shall, on failure to return at the expiration of the period or to comply with the If a sentence of imprisonment is passed on or awarded to a person for an offence under Part VI, that person’s commanding officer shall cause the person to be sent to a prison and the superintendent or other person in charge of the prison shall receive and imprison the person until the sentence has been served, A person who is sentenced to death or imprisonment, and who is committed or transferred to a civil prison, shall be imprisoned and otherwise dealt with in the same manner as a person imprisoned in the same prison under a similar If a person is sentenced by a court-martial held outside Kenya to imprisonment for a term exceeding forty-two days, the person shall be returned An action shall not lie in respect of anything done by any person under a sentence of imprisonment for an offence under Part VI, if the doing thereof would have been lawful but for a defect in any warrant or other instrument made for the (1) This section applies to evidence in proceedings under this Act, whether before a court-martial, a commanding officer, the appropriate superior authority,
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person and to be certified to be a true copy by a person stated in the certificate properly to have the custody of the attestation paper shall be evidence of the (3) The attestation paper purporting to be signed by a person on enlistment shall be evidence of the person haring given the answers to questions that the (a) was or was not serving at any particular time, or during any particular period, in the Defence Forces or in any particular service of the Defence Forces or part thereof, or was discharged therefrom (b) held or did not hold at any particular time any particular rank or appointment in any particular service of the Defence Forces, or had at or before any particular time been attached, posted or transferred to the Defence Forces or any particular service of the Defence Forces or part thereof, or at any particular time or during any particular period was or was not serving or held or did not hold any (c) was or was not at any particular time authorized to use or wear any shall, if purporting to be issued by the President, the Chief of the Kenya Defence Forces or the Service Commander, or by a person authorized in writing by any of (5) A record made in any service book or other prescribed document, being a record made under this Act or otherwise under service duty, and purporting to be signed by the commanding officer or by any person whose duty it was to make the record, shall be evidence of the facts stated therein, and a document purporting to be a copy of any such record (including the signature thereto) and to be certified to be a true copy by a person stated in the certificate properly to have the custody of the service book or other prescribed document shall be (6) A document purporting to be issued by order of the President, the Chief of or orders given or made by the President, the Chief of the Kenya Defence Forces or the Service Commander shall be evidence of the giving of the instructions or (7) A certificate purporting to be signed by the President or the Chief of the Kenya Defence Forces, or by a person authorised in writing by either of them, (a) that a decoration of a description specified in or annexed to the (b) that a badge, wound stripe or emblem of a description specified in or annexed to the certificate is one supplied or authorised by the
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95 [Issue 1] (8) A certificate purporting to be signed by a person’s commanding officer or by an officer purporting to be authorised to give the certificate, and stating the contents of, or of any part of, standing orders or other routine orders of a (a) any formation or unit or body of men and women of the Defence Forces; (b) any command or other area, garrison or place; or (c) any aircraft, ship or train, shall in proceedings against that person be evidence of the matters stated in the (9) A certificate purporting to be signed by the Defence Council that any unit is a unit of the Defence Forces shall be conclusive evidence of the facts stated (10) A certificate purporting to be signed by a person’s commanding officer stating that such person is or is not a member of any unit of the Defence Forces shall, in proceedings against such person, be evidence of the facts stated in such (1) If a person who is subject to this Act has been tried by a civil court (whether at the time of the trial the person was subject to this Act or not), a (a) that the person has been tried by (b) as to the result of the trial; (c) as to what judgment or order (d) that other specified offences were taken into consideration at the (2) A document purporting to be a certificate under this section and to be signed by a judge or a magistrate shall, unless the contrary is shown, be taken to (1) The original proceedings of a court-martial purporting to be signed by the presiding officer of the court shall, on production from proper custody, be (2) A document purporting to be a copy of the, record of the proceedings of a court-martial or of any part thereof and to be certified to be a true copy by a person stated in the document properly to have the custody of the record shall be
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(1) Subject to section 211, if a person who is subject to this Act has committed, or is reasonably suspected to have committed an offence under Part VI, the person shall, for the purposes of the provisions of this Act relating to arrest, keeping in custody, investigation or charges, trial and punishment by a court-martial and execution of sentences in relation to that offence or suspected offence, be treated, as being still subject to this Act, although that the person (a) who is treated, by virtue of subsection (1), as being still subject to (b) while in such custody (whether before or after trial) commits, or is reasonably suspected of having committed, an offence which, if he or she were actually subject to this Act, would be an offence under for the purposes of the provisions under subsection (1) and the provisions of this Act relating to dealing summarily with charges in relation to that offence or when the offence was committed or is suspected of having been committed and (3) If a person who is treated as being at any time subject to this Act by virtue of either or both of subsections (1) and (2), such treatment shall extend to the (a) if the person holds any rank in the Defence Forces, as to a person (b) in any other case, as to a person having the rank which the person (4) If, under subsection (3), any provision of this Act, apart from this subsection, would apply to a person in relation to different offences, as to a person having different ranks, it shall apply to the person as to a person having (1) A person shall not be tried by a court-martial for an offence under this Act, other than an offence under sections 72, 73, or 74(1)(a), unless the trial is begun within three years after the commission of the offence, subject to subsections (2) (2) When calculating a period contemplated in subsection (1), any period during which a person was illegally absent or a prisoner of war shall be (a) in the case of an offence under section 133, if any written law requires that proceedings for the corresponding civil offence shall be brought within a particular time, that time limit shall apply to the trial of the offence under that section instead of three years (the same
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97 [Issue 1] (b) subject to any time limit applicable by virtue of paragraph (a), a person may be tried by a court-martial for a civil offence committed outside Kenya despite the fact that it was committed more than three years before the beginning of the trial, if the Director of Public (4) A person shall not be tried by a court-martial for an offence under Part VI, (a) the trial is begun within three months after the person ceases to be (b) the trial is for a civil off(5) If a person who has committed an offence under section 45(1)(a) (otherwise than on active service) has subsequently served as a member of the Defence Forces continuously in an exemplary manner for not less than three (1) Nothing in this Act restricts the offences for which a person may be tried by a civil court, or the jurisdiction of a civil court to try a person subject to this Act (a) is tried by a civil court for a civil offence; and (b) has already been sentenced to or awarded punishment for an offence under Part VI consisting of an act or omission that section 63 of the Interpretation and General Provisions Act (Cap. 2) shall not apply but the civil court shall, in sentencing the person, have regard to the (1) A person who is subject to this Act shall not be liable in respect of an offence to be tried by a court-martial or to have the case dealt with summarily if (a) has been tried for that offence by a competent civil court or under Part VI, or has had an offence committed by the person taken into consideration by any court or by a court-martial in sentencing the (b) has been charged with an offence under Part VI, and has had the charge dismissed, or has been found guilty on the charge, by the person’s commanding officer or the appropriate superior authority; (c) has had an offence condoned by the person’s commanding officer
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(a) a case shall be deemed to have been dealt with summarily by the that the finding of that officer or authority has been quashed, or the (b) an offence shall be deemed to have been condoned by the commanding officer of a person alleged to have committed the offence if, and only if, that officer or any officer authorised in relation to the alleged offence, with knowledge of all relevant circumstances, has informed the person that charges will not be brought against the (c) a person ordered under section 106(2) to be imprisoned for an offence under that section shall be deemed to have been tried by a (3) Except as provided for under this section, proceedings for an offence under Part VI (whether before a court-martial or before a commanding officer or (1) There shall be a Director of Military Prosecutions in the Ministry (2) A person shall not be appointed as the Director of Military Prosecutions (a) an officer of at least the rank of Brigadier; and (b) an advocate of the High Court of Kenya of not less than ten years (3) A person appointed as the Director of Military Prosecutions under this (a) have power to direct military police to investigate any information or allegation of criminal conduct, and a military police shall comply with (b) exercise powers of prosecution under this Act and shall undertake prosecutions at a court-martial agai (c) have power with the permission of the Judge Advocate to discontinue any proceedings before a court-martial at any stage (4) The Director of Military Prosecutions shall not discontinue proceedings (5) Except as provided for in this Act, the Director of Military Prosecutions shall not require the consent of any person or authority for prosecutions and, in the exercise of the powers or functions under subsection (3) of this section shall
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99 [Issue 1] (6) The office of the Director of Military Prosecutions shall be a separate 214. Delegation of powers and function by the Director of Military (1) The powers of the Director of Military Prosecutions, except the power to discontinue proceedings before a court-martial, may be exercised in person, or by any legal officers, appointed by the Defence Council and acting under the (2) A delegation or assignment under subsection (1) shall not prevent the (a) shall not divest the Director of Military Prosecutions of the responsibility concerning the exercise of the powers or the (b) may be withdrawn, and any decision made by the person so delegated to may be withdrawn or amended by the Director of (1) No forfeiture of the pay of an officer or service member shall be imposed and no deduction from such pay shall be made unless it is authorised by this Act (2) Where deduction or forfeiture is ordered from the pay of an officer or service member, that person shall, subject to the deduction or forfeiture remain in receipt of payment at a rate not less than that prescribed for the purposes of this section and any amount which the person should pay or forfeit for any period may be recovered by deduction from pay until all payment or amount due is (3) Any amount authorised to be deducted from the pay of an officer or service member may be deducted from any balance (whether or not representing pay) which may be due to the officer or service member, and references in this (a) for any day of absence in circumstances that constitute an offence under sections 74 or 75 or, if the Chief of the Kenya Defence Forces or an authorised officer so directs, for any day of other absence without leave (other than absence by reason of having been (b) for any day of imprisonment or active service punishment to which the officer or service member is sentenced by a court-martial or that
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is awarded by the commanding officer or the appropriate superior authority, or imprisonment of any description to which the person is (c) if the person is convicted or found guilty of an offence under Part VI, for any day (whether before or after he or she is convicted or found guilty) on which the person is in hospital on account of sickness or injury certified by a medical officer to have been occasioned by the (2) The pay of an officer or service member shall be forfeited for any day of absence by reason of that person having been captured by an enemy, if the (a) the person was captured through disobedience of orders or willful (b) having been captured, failed to take any reasonable steps available (c) while in captivity the person served with or aided the enemy in the prosecution of hostilities or in the taking of measures calculated to influence morale, or in any other way whatsoever not authorised by (3) Time shall be computed for the purposes of this section (and in particular, (1) If a fine is imposed on an officer or service member under this Act, the (2) If an officer or service member is charged with a civil offence, whether within or outside Kenya, and is sentenced or ordered by the court to pay any fine, penalty, damages, compensation or costs, and the whole or part thereof is met by a payment made by or on behalf of any service authority, the amount of the (1) Without prejudice to the provisions of this Act as to the imposition of stoppages as a punishment, the following provisions shall have effect if, after the prescribed investigation, it appears to the Service Commander or an authorised wrongful act or negligence of an officer or service member (in this section (2) The Service Commander or authorised officer may order the person who is responsible to pay a specified sum as or towards compensation for the loss or damage, and any such sum may be deducted from the person’s pay, so far as it (3) An order shall not be made under subsection (2) if, in proceedings before a court-martial, the commanding officer or the appropriate superior authority, the (a) has been exonerated by a finding that the person was not guilty of
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101 [Issue 1] (b) has been awarded stoppages in respect of the same loss or but otherwise the fact that such proceedings have been brought in respect of the wrongful act or negligence in question shall not prevent the making of an order (1) If damage occurs to any premises in which one or more units of the Defence Forces, or parts of such units, are quartered or billeted, or any fixtures, furniture or effects in or belonging to such premises are damaged or lost, and it appears on investigation in the prescribed manner that the damage or loss was occasioned by the wrongful act or negligence of persons belonging to any of the units or parts of units but that those persons cannot be identified, any person belonging to any of the units or parts of units may be required to contribute in the prescribed manner, towards compensation for the damage or loss, such amount as may be determined to be just, and the amount may be deducted from each (2) Subsection (1) extends to vehicles, aircraft, ships and trains in which units or parts of units of the Defence Forces are being transported, and reference to A forfeiture or deduction imposed under any of sections 147, 160, 161 or 162 or under regulations made or under this Act, may be remitted by the Service At any time when this section is in operation by virtue of an order under section 182, if an officer not below the rank of major or corresponding rank commanding a unit of the Defence Forces, considers it necessary for the purpose of securing accommodation for members of the Defence Forces or their order requiring the police officer in charge of police for a specified area to provide billets at specified places in that area for a specified number of members of the Defence Forces, or for a specified (1) Billeting in this Act shall be subject to the Bill of Rights under the (2) A person who has been deprived of his or her property under an order made pursuant to this Part shall be entitled to prompt payment in full of just (a) a state of emergency;
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(b) war; or (c) armed conflict. (a) in any hotel (whether licensed or not) or in any other premises occupied for the purposes of a business consisting of or including (b) in any other building to which the public habitually have access, whether on payment or otherwise, or which is wholly or partly (c) in any dwelling, outhouse, warehouse, barn or stables, but not in (2) Billets for vehicles may be required to be provided in any building or on (1) If a billeting order has been produced for the specified area, the officer, on the demand of the officer commanding a unit of the Defence Forces, or on the demand of an officer or service member authorized in writing by such an officer, shall billet on the occupiers of premises which fall within section 224, and are at one of the places specified in the billeting order, such number of persons, or vehicles as may be required by the officer or (2) The police officer in charge of police shall exercise the functions under this section in such manner as the po(3) The police officer in charge of police may, to such extent and subject to such restrictions as the police officer thinks proper, authorise any police officer toexercise functions under this section, and the provisions of this section shall (1) If persons are billeted under a billeting order, the occupier on whom they are billeted shall furnish such accommodation and meals as the officer or service member demanding the billets may require and are available, not exceeding (2) If vehicles are billeted under a billeting order, the occupier on whom they (3) If persons or vehicles have been billeted under billeting order, they may, requisite, and the allotment of the billets among the persons or vehicles
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103 [Issue 1] (4) The occupier on whom any person or vehicle is billeted shall be entitled to receive the prescribed payment for the billeting, but no payment shall be required in respect of vehicles billeted otherwise than in a building unless the land on (a) has its surface made up for the passage or parking of vehicles; and (b) is not land where vehicles are normally allowed to stand free of charge irrespective of the persons by whom they are owned or (a) at least once in every seven days, if the billeting continues for more (b) before the persons billeted finally leave, or the vehicles are finally In relation to premises of which there is no occupier, this Part shall apply as if (a) is aggrieved by having an undue number of persons billeted upon (b) claims that by reason of special circumstances the person should be exempted from having persons so billeted, either generally or on a may apply to a committee consisting of a person or persons appointed by the (2) On an application under subsection (1)(a), the committee may direct that such number of the persons billeted as may seem just shall be billeted on some (3) On an application under subsection (4) An application under subsection (1) shall not affect billeting pending the (1) If any damage is caused to any premises by the billeting of persons or vehicles under a billeting order, the occupier shall recover from the Government, compensation of an amount equal to the cost of repair to the premises caused by (2) Such court of competent jurisdiction, as the Chief Justice shall determine, shall have jurisdiction to deal with any claim arising under subsection (1),
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(3) In awarding compensation under this Part the Court shall respect and 230. Application to civilians employed with Defence Forces and to aircraft, (1) In relation to persons employed with the Defence Forces and not entitled under the provisions of this Part to be billeted being persons of such descriptions as may be prescribed, those provisions shall apply as they apply in relation to (2) The provisions of this Part apply in respect of aircraft, ships and boats as they apply in respect of vehicles, and in relation to ships and boats, land shall At any time when this section is in operation by virtue of an order made under section 240, if an officer not below the rank of major or corresponding rank commanding any part of the Defence Forces considers it is necessary in the interest of defence or public safety and the necessity is such as to afford any hardship that may result to any person having an interest in or right over the vehicles, may issue a requisitioning order authorising the requisitioning of specified vehicles, or of a specified number of vehicles of a specified description from among the vehicles in a specified area for meeting the needs of any specified unit of the Defence Forces or any part (1) A requisitioning order may be issued to the officer commanding any part of the Defence Forces, and that officer, or any officer or service member (a) in so far as the requisitioning order authorises the requisitioning of (b) in so far as the order authorizes the requisitioning of vehicles of a specified description, of the number of vehicles of that description (2) A direction under subsection (1), given as respects a vehicle, shall be a (a) to furnish it immediately at the place where it is; or (b) to furnish it at a place within one hundred kilometers from the premises of that person, at a time specified by the officer or service member giving the direction, but no direction shall be given under this paragraph as respects either a vehicle that is not mechanically propelled, or a trailer normally drawn by a mechanically propelled
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105 [Issue 1] (3) If the officer to whom the requisitioning order was issued, or any officer or (a) is satisfied that a person Who has been directed to furnish a vehicle under subsections (1) and (2) has refused or failed to furnish it in (b) has reasonable grounds for believing that it is not practicable without undue delay to give such a direction to the person having the person may take, or authorise any officer or service member to take, possession of the vehicle and, if possession is taken of a vehicle under this subsection, this Part shall, with the necessary modifications, apply as if the vehicle had been furnished by the person having possession of the vehicle in accordance with a direction to furnish it immediately at the place where it is, and, (4) The police officer in charge of police for any area specified in a requisitioning order shall, on being so requested by or on behalf of the officer to whom the requisitioning order was issued, give instructions for securing that so far as practicable police officers will be available, if required, for accompanying If a vehicle has been furnished under a requisitioning order, it may be retained, so long as section 231 is in operation, for a period for which it is A requisitioning order may require any person to furnish a vehicle for the (1) The person by whom a vehicle is furnished under a requisitioning order, otherwise than for the purpose of its being purchased, shall be entitled to be (a) a sum for the use of the vehicle calculated, by reference to the period for which possession of the vehicle is retained, at the rate of payment commonly recognized or generally prevailing in the area at the time at which the vehicle is furnished or, if no such rate is readily (b) a sum equal to the cost of making good any damage caused to the vehicle, not being damage resulting in its total loss or damage attributable to fair wear and tear, which may have occurred during the period for which possession of the vehicle is retained and which (c) if, during the said period, a total loss of the vehicle occurs, a sum equal to the value of the vehicl
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(2) For purposes of subsection (1), “fair wear and tear” means such fair wear and tear as might have been expected to occur but for the fact that the (3) The person by whom a vehicle is furnished under a requisitioning order for the purpose of its being purchased shall be entitled to be paid the value of the (a) for the purposes of subsection (1)(a) and (b) (if that subsection applies), the period for which possession of the vehicle is retained shall be deemed to begin at the time when the direction is given, and for the purposes of subsection (3) (if that subsection applies), (b) in addition to the payments provided for by subsection (1) or subsection (3), the person by whom the vehicle is furnished shall be entitled to be paid the amount of any expenditure reasonably (5) If a direction to furnish a vehicle is given under section 234, and after the giving of the direction any damage occurs to the vehicle (whether or not resulting in its total loss), if the damage prevents the vehicle being furnished in accordance with the requisitioning order, the foregoing provisions of this section shall apply as if the vehicle had been furnished and had been furnished otherwise than for the purpose of its being purchased (despite the fact that it may have been required to be furnished for the purpose of its being purchased), (a) subsection (1) shall have effect as if for the period therein mentioned there were substituted the period beginning with the giving of the direction and ending (b) subsection (4) shall have effect as if the expression “in complying with” were replaced by the expression “by reason of anything done (a) the person shall notify the details of the requisitioning and of any payment thereof to any person known to that person to have an (b) any person having an interest shall be entitled to recover from the person giving notice the part, if any, of the payment received by that (7) If, during the period for which possession of a vehicle is retained, a total (a) for the purposes of subsection (1), that period shall be deemed to have come to an end immediately after the occurrence of the loss; (b) no claim shall be made for the return of the vehicle, if it still exists, or for any payment in respect thereof other than what is provided for by
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107 [Issue 1] (8) The Court shall have jurisdiction to deal with any claim arising under this In deciding which of alternative vehicles is to be specified in a requisitioning order, or is to be the subject of a direction under section 234, the person issuing the direction given shall act in such manner as that person consider will cause If a Judge or a magistrate is satisfied that a person has failed to afford facilities for inspection as required by or under regulations made under section 308 of this Act, the Judge or magistrate may issue a search warrant authorizing a accompanied by that person, at any time between six o’clock in the morning and A person who is using a vehicle for the purpose of its being furnished under a direction under section 231(2) shall be deemed, as respects any claim in respect of injury or damage to any other person or property, to be using the vehicle as a servant of the Government, and section 4 of the Insurance (Motor Vehicles Third Party Risks) Act (Cap. 405) shall not apply to the use of a vehicle for that (1) Subject to this section, the provisions of this Part, except the provisions which relate to mechanically propelled vehicles and trailers normally drawn thereby, apply in respect of aircraft, ships, boats, horses, mules, donkeys, (2) Where stores are required and can be conveyed with, a vehicle with respect to which a direction is given under section 234, direction may also be given in relation to the stores and the foregoing provisions of this Part shall apply accordingly but section 235(5) shall not apply and if after the direction is given the furnishing of the stores is prevented by damage to them or to the vehicle, such payment, if any, shall be made in respect of the stores as may be just in all (3) For the purposes of this section, means any chattel (other than a vehicle, aircraft, ship, boat, horse, mule, donkey or camel, or food, forage or (a) persons, vehicles, aircraft, ships or boats billeted or to be billeted under a billeting order or otherwise temporarily accommodated or to (b) vehicles, aircraft, ships, boats, horses, mules, donkeys or camels
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Following a declaration of a state of emergency pursuant to Article 58 of the Constitution, if it appears to the President that, in the interest of national security or public interest, the provisions of either or both sections 221 and 231 come into either generally or in respect of a specified area, the President may, by order in the , direct that section or those sections, as the case may be, thereupon come into operation and remain in operation for The Defence Council shall report to Parliament all property billeted and the Unless the contrary appears from the context, this Part applies to members of (1) The regular force consists of persons not younger than eighteen years of age and not older than sixty two years and is organized in the manner (2) The terms and conditions of service in the regular force as well as the conditions and procedures regarding (a) the relevant provisions of any applicable law relating to the granting of pensions and related benefits, as well as any rules and regulations made in terms of or under those laws, apply to members (b) any member enrolled in the regular force shall serve therein until he (4) A person shall not be enrolled in the regular force unless that person is a (5) A member of the regular force shall not participate in any other gainful employment unless prior authority has been obtained from the Cabinet (1) The members of the Defence Forces shall be entitled to such pensions and gratuity as shall be determined by the Treasury in consultation with the (2) Where an officer or a service member has been dismissed under any circumstances provided for under this reduce the amount or suspend any such benefits payable to the officer or the
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109 [Issue 1] (3) A decision to withhold, reduce in amount or suspend any benefits of an officer or a service member contemplated under subsection (2) shall be made (1) For the purposes of this section includes an employee (2) Where a member of the Defence Forces has been captured or has gone missing in circumstances not constituting an offence under this Act, and the member’s commanding officer is satisfied that the member’s capture or absence arose from the performance of his or her duties while rendering services in terms of this Act, such member shall be regarded to be still serving in the Defence Forces for all purposes until the day on which he or she again reports for duty or on which his or her death is confirmed or on which a competent court issues an (3) The pay, salary and allowances accruing to a member during his or her captivity or other absence contemplated in subsection (2) shall be paid to a (4) The Chief of the Defence Forces shall take the necessary steps to ensure that in respect of every member of the Defence Force there is at all times a record of the particulars of the beneficiary designated by such member for (5) A member of the Defence Forces may at any time designate another person in the place of the person designated for purposes of paragraph (3) and shall ensure that any change in designation is notified to the Chief of the Kenya (6) Any change in designation becomes valid for purposes of subsection (3) (7) Subject to any other law relating to the protection of citizens who are in active service on behalf of the State, no appropriations, including seizures or attachments, may be made under or by virtue of any writ of execution, garnishee or sequestration order issued against a member of the Defence Forces who is employed on active service in time of war or during a state of national defence or in fulfillment of the Republic’s international obligations, except appropriations (8) A member of the Defence Forces who, through no misconduct on his or her part, sustains a wound or injury or contracts an illness while on military service or undergoing training is, under such conditions and for such period as may be prescribed, entitled to be provided with medical, dental and psychological or other necessary treatment for such wound, injury or illness, notwithstanding that the duration of such treatment may extend beyond that member’s service (9) A member who is receiving the treatment referred to in subsection (8) shall receive his or her pay and allowances on their becoming due and such
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(10) The Government shall compensate members or families of members of the Defence Forces, as the case may be, who lose their lives or suffer disabilities (1) Subject to this Act, every person who is contracted to serve in the Defence Forces is obliged to serve and remain in service during a state of (2) Nothing in this section may be construed as prohibiting an application for exemption or deferment of service by a member of the Defence Forces in terms (a) retirement; (b) resignation; (c) termination of commission; (d) dismissal from service; or (e) discharge from service. A member of the Defence Forces against whom a civil claim or any other action arising from his or her acts or omissions in the course of duty, has been instituted in any court, is entitled to legal representation at the expense of the (1) Subject to subsection (5), the President may confer a commission on any (a) a regular commission; or (b) a short service commission for a term not exceeding five years in (3) Upon being granted a commission, a person shall take an oath of (4) A member upon whom a commission has been conferred shall be issued (a) take oath and declare allegiance to the Republic and the (b) meet prescribed criteria or training;
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111 [Issue 1] (c) never have been convicted of a criminal offence; (d) be a fit and proper person to serve and shall have a trustworthy and (e) comply with the prescribed security grading requirements. (6) Where the holder of a commission that is appropriate in the circumstances, the commission may be cancelled (7) An officer may by notice in writing to the Defence Council, request to be relieved of his or her commission and, unless otherwise determined by the subsection (7), the Defence Council, shall within reasonable time and in writing, (9) A former officer is not, in consequence of the withdrawal of his or her (a) any service or training for which he or she may be liable in terms of (b) the repayment of any money stipulated in a contract pertaining to any education or training he or she may have undergone or may be (10) Officers who have retired from the Defence Forces and while still in service held commission, may retain the use of their rank after they have so retired and are no longer in service, but shall append the appellation “Rtd” (11) Commissioned officers from other countries who are attached to the Defence Forces by means of temporary appointment in terms of this Act shall be entitled to all privileges bestowed on commissioned officers in the Defence (1) An officer holding a regular commission who retires from the Defence Forces with a pension or gratuity shall thereupon be transferred to the reserve, (a) sixty-two years, in the case of an officer retiring with the rank of (b) sixty years, in the case of an officer retiring with the rank of (c) fifty five years, in the case of an officer retiring with the rank of Major (2) An officer holding a short service commission who completes the term of the commission with a pension or gratuity shall on such completion be transferred to the regular reserve and shall remain in it for a period of three
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(a) the President may terminate the commission of any officer above (b) the Defence Council may terminate the commission of any officer of (c) a Service Commander may terminate the commission of any officer during the first eighteen months of the officer’s actual commission in (2) In any case of termination of a commission in this section, the President, the Defence Council or the Service Commander, as the case may be, shall accord and specify reasons for the termination of the commission to the affected A person who is offering to enlist in the Defence Forces shall be given a notice in the prescribed form setting out the questions to be answered on attestation and stating the general conditions of the enlistment, and a recruiting officer shall not recruit any person unless that person satisfies the recruiting officer that the person has been given such a notice, understands it, and wishes (1) The term for which a person who has attained the age of eighteen years may enlist, shall be one of the prescribed periods of colour service (not (2) In computing the period of service of a service member, there shall be (a) all periods during which the member has been absent from duty by (i) imprisonment; or (ii) desertion; or (iii) absence without leave exceeding seven days; and (b) any period ordered by a court-martial to be forfeited. (3) Within two years before completing the period of colour service of a service member who is of good character, the member, with the approval of the competent service authority, may re-engage for such further period of colour (4) Except as provided by subsection (6), the further period of colour service, together with the previous period of colour service, shall not exceed a total continuous period of twenty-one years colour service from the date, of the original attestation or the date upon which the person attained the age of
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113 [Issue 1] (5) A service member who has completed a period of twenty-one years (a) with the approval of the Service Commander or an Officer authorised by the Service Commander in that behalf, continue to serve from year to year in all respects as if the period of colour (b) at any time give to the member’s commanding officer three months’ notice to be discharged, and on the expiration of that notice the (6) A service member who completes a period of colour service (and any period by which that service is prolonged under subsection (6) of this section or under section 255, or is otherwise discharged (other than under sections 254 or 256) shall thereupon be transferred to the reserve, and shall serve therein until Any officer due to retire or who completes the term of the officer’s commission, and any service member whose period of colour service expires, during a state of war, insurrection, hostilities or public emergency or at a time of active service, may be retained in the Defence Forces and the service prolonged (1) A service member may be discharged by the Service Commander or an officer authorised in that behalf, at any time during the member’s period of colour (a) if, within two years after the date of attestation, the commanding officer considers that the member is unlikely to be an efficient (b) for activities or behavior likely to be prejudicial to the preservation of (c) if the member is convicted of a civil offence; or (d) if the member is pronounced by a medical officer to be mentally or (e) on reduction of establishment; (f) at the member’s request on compassionate grounds; (g) if for any reason the member’s services are no longer required; (h) if the member is granted a commission; or (i) if the member is sentenced by a court-martial to be dismissed from (2) The Service Commander or an officer authorised in that behalf, as the
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256. Postponement of discharge or transfer pending proceedings for Despite anything in this Part, a service member is not entitled to be (a) at a time when that member has become liable, as a person subject (b) where that member is serving a sentence of imprisonment in respect (1) Subject to this Part, every service member becoming entitled or liable to (2) When a service member who is entitled or liable to be discharged is serving outside Kenya, the member shall be returned to Kenya free of cost and shall be discharged on arrival or, if the member consents to the discharge being (3) A service member shall not be discharged unless the discharge has been authorised by order of the Service Commander or an officer authorised in that (4) Every service member shall be given, on discharge, a certificate of (5) A service member who is discharged in Kenya shall be entitled to be conveyed free of cost from the place where the member is discharged to the place stated in the member’s attestation paper to be the place of attestation, or to any place in Kenya at which the member intends to reside and to which the (1) If a person has made the prescribed declaration upon attestation, and has (a) the validity of that person’s enlistment shall not be called in question (b) if, within a period of three months after the date of the declaration, the member claims that the enlistment is invalid by reason of non-compliance with the requirements of this Act or any other matter whatsoever (not being an error or omission in the attestation paper), the claim shall be submitted to t soon as may be, and if the claim is well fou(2) If no claim is made within the period stated under subsection (1)(b), or if the Defence Council is of the opinion that the claim is unfounded, the person concerned shall be deemed to have been validly enlisted despite any non-compliance or other matter and the person shall be a service member until
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115 [Issue 1] (3) If a person has received pay as a service member without having (a) shall be a service member until discharged; and (b) may claim to be discharged at any time within three months after the (4) Nothing in this section shall prejudice the determination of any question as to the term for which a person enlisted or prevent the discharge of a person (1) Every officer and every service member who is liable to be transferred to (2) When an officer or a service member who becomes eligible to be transferred to the regular reserve is serving outside Kenya, the person shall be returned to Kenya free of cost immediately, and shall be transferred to the regular reserve on arrival or, within six months after arrival if the person consents (3) A service member who is transferred to the regular reserve in Kenya shall be entitled to be conveyed free of cost to the place stated in the attestation paper to be the place of attestation, or to any place in Kenya at which the person (1) If the Defence Council decides in pursuant to this Act that there shall be a volunteer reserve, it shall consist of such officers and service members as the (2) Commissions in the volunteer reserve shall be granted and may be terminated as is provided for by sections 249 and 251 of this Act in relation to the (3) A person may be enlisted into the volunteer reserve, and when enlisted shall serve in the volunteer reserve, in the same manner as is provided for the regular forces under this Act, and those sections shall apply with necessary changes in relation to enlistment and service members enlisted into the volunteer (1) A reservist may be called out for training for a period not exceeding, or for (2) During any training the reservist may be posted or attached to and trained
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(1) At any time the President, by notice in the , may temporarily call (a) strengthen the Defence Forces in time of war; or (b) support the civil power in the maintenance of order in the event of disturbances, insurrection, hostilities or public emergency for a (2) In a notice issued under subsection (1), the President may give or authorise the Cabinet Secretary to give such directions as may seem necessary (3) Every notice and directions under this section shall be obeyed, and every reservist called out by the notice shall attend at the place and time appointed by the notice or the directions, and after that time shall be deemed to be called out (1) At any time when Article 58 of the Constitution applies is or in operation (whether generally or in a part of Kenya), the President may, by proclamation, call out reservists, whether by class or by name, on permanent service, either (2) In a proclamation issued under subsection (1), the President may give or authorise the Cabinet Secretary to give such directions as may seem necessary (3) Every reservist who is an officer called out on permanent service is liable to serve until the officer’s services are no longer required, but in any case not beyond the age limits specified in section 251(2), irrespective of whether the officer held a regular commission or a short service commission, together with (4) Every reservist who is a service member called out on permanent service is liable to serve as a service member until the member’s services are no longer service in the reserve together with such further period as the Cabinet Secretary (1) Any reservist who, without leave lawfully granted or other reasonable (a) called out under sections 261 or 262, commits an offence of (b) called out under section 263, commits an offence, according to the circumstances, of desertion within the meaning of section 74, or of (2) Section 137 shall apply to reservists who commit an offence under this
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117 [Issue 1] Where a reservist fails to report when called out and the absence continues for at least twenty-one days, an entry of such absence shall be made by an officer in the service books, and the entry shall be, at first glance, evidence of the (1) Upon completion of a reservist’s period of service in the reserve, the (a) the reservist is on active service; (b) the reserve has been called out on permanent service; or (c) at the expiration of the period, the reservist stands charged as a person subject to this Act with the commission of, or is undergoing (2) If the reservist stands charged or is undergoing punishment as provided under subsection (1)(c), the service shall be prolonged and release deferred until the reservist has been tried and undergone any punishment awarded in respect A reservist may be released from the reserve by the Service Commander or (a) the reservist is pronounced by a medical officer to be mentally or (b) the reservist’s services for any reason are no longer required. (1) This Part shall apply to civilians and any other person not otherwise (a) assaults, resists or willfully obstructs a member of the military police in the performance of duties under this Act, or any person acting in (b) induces or does any act calculated to induce a member of the (c) induces or does any act calculated to induce a member of the military police to commit any breach of discipline or any act whereby
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any lawful order given to a member of the military police or any written law with which it is the duty of a member of the military police commits an offence and shall be liable, on conviction, to imprisonment for a term not exceeding three years, and may be arrested without a warrant by any (1) A member of the Defence Forces shall not subject any person to torture, (2) A member of the Defence Forces who subjects a person to torture commits an offence and is liable on conviction to a fine not exceeding ten million (3) A member of the Defence Forces who subjects a person to cruel, inhuman or degrading treatment commits an a fine not exceeding five million shillings or imprisonment for a term not “cruel, inhuman or degrading treatment or punishment” means a deliberate and aggravated treatment or punishment not amounting to torture, inflicted by a person in authority or the agent of the person in authority against a person under his or her custody, causing suffering, gross humiliation or means any act by which severe pain or suffering, whether (i) obtaining information or a confession from the person or from a third (ii) punishing the person for an act which that person or a third person (iii) intimidating or coercing that person or a third person; or (iv) for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the (a) procures or persuades a person to desert or to be absent without (b) knowing that a person is about to desert or be absent without leave (c) knowing a person to be a deserter or absentee without leave from the Defence Forces, conceals the person or assists in such commits an offence and shall be liable, on conviction by a civil court, to
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119 [Issue 1] Any person who falsely represents himself or herself to any service authority or civil authority to be a deserter or absentee without leave from the Defence Forces commits an offence and shall be liable, on conviction by a civil court, to Any person who willfully obstructs or otherwise interferes with an officer or service member acting in the execution of a duty, commits an offence and shall be liable, on conviction by a civil court, to imprisonment for a term not exceeding (a) produces in an officer or service member any sickness or disability; (b) supplies to or for an officer or service member any drug or preparation calculated or likely to render the person permanently or temporarily unfit for service, or lead to the belief that the person is with a view to enabling the person to avoid service in the Defence Forces, whether permanently or temporarily, commits an offence and shall be liable, on (1) Any person who acquires any service stores, or solicits or procures any person to dispose of any service stores, or acts for any person in the disposing of any service stores, commits an offence and shall be liable, on conviction by a (2) A person shall not be liable under subsection (1) if that person proves (a) he or she did not know, and (b) the chattels in question had (by the transaction with which he or she is charged or by some earlier transaction) been disposed of by order or with the consent of the Government or of some other person or authority who had, or whom he or she had reasonable cause to (c) the chattels in question had become the property of an officer who had retired or ceased to be an officer, or of a service member who (3) A police officer may arrest without warrant any person who is reasonably suspected of having committed an offence under this section, and may seize any
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(4) Any person who has authority to issue a warrant for the arrest of a person charged with a crime may, if satisfied by evidence on oath that a person is in possession or is reasonably suspected of having in possession of such property, issue a warrant to search for such property and if the property reasonably suspected of being the subject of such an offence is found on such, it shall be seized by the officer executing the warrant and bring the person in whose (a) means buy, take in exchange, take in pawn or otherwise receive (whether apart from this section the receiving is lawful or (b) “dispose of” means sell, offer or expose for sale, give in exchange, pledge or otherwise hand over (whether apart from this section the (c) means any chattels or goods of any description belonging to the Government, which have been issued for use for the purpose of the Defence Forces or are held in store for the purpose of being so issued when required, and any chattels or goods which had belonged, and had been issued or held, as (6) For the purpose of subsection (4), property shall be deemed to be in the possession of a person if he or she has it under his or her control for own use or (a) refuses to receive any person billeted under a billeting order, or without reasonable excuse fails to furnish the required (b) gives or agrees to give to any person billeted under a billeting order any money or reward in place of receiving any person or vehicle or (c) obstructs the billeting of any vehicle, aircraft, ship or boat in the commits an offence and shall be liable, on conviction by a civil court, to (a) fails to furnish any vehicle or specified thing as directed to furnish under a requisitioning order, or fails to furnish any such vehicle or (b) fails to comply with any regulations made under section 304(1)(u);
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121 [Issue 1] (c) obstructs any officer or other person in the exercise of any functions under Part XIII in relation to the inspection or requisitioning of an offence and shall be liable, on conviction by a civil court, to (2) For the purposes of subsection (1), “specified thing” means one of the 278. Illegal dealings in documents relating to pay, pensions, (a) receives, detains or has possession of any official document issued in connection with any pay, pension, allowance, gratuity or other money payable to any person in respect of any person’s service in (i) as a pledge or a security for a debt; (ii) with a view to obtaining payment, from the person entitled to the pay, pension, allowance, gratuity or other money, of a debt (b) without lawful authority or reasonable excuse has in possession of any document, or official document issued in connection with the mobilization or demobilization of the Defence Forces or any part or commits an offence and shall be liable on conviction by a civil court to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not (2) For the purposes of this section, a document shall be deemed to be in the possession of a person if that person has it under control and irrespective of (a) without authority, uses or wears any service decoration, uniform, or any badge, insignia of rank, wound stripe or emblem supplied or (b) uses or wears any uniform, decoration, badge, insignia of rank, wound stripe or emblem so nearly resembling any service decoration or any badge, insignia of rank, wound stripe or emblem (c) falsely represents himself or herself to be a person who is or has been entitled to use or wear any service uniform, decoration or any badge, insignia of rank, wound stripe or emblem supplied or
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(d) purchases or takes in pawn any service uniform, decoration awarded to any member of the Defence Forces, or solicits or procures any person to sell or pledge any such decoration, or acts commits an offence under this section and shall be liable, on conviction by a civil (2) Despite provisions under subsection (1)(a), (b) and (c), a person shall not “appropriate authority”, in relation to a country, means such authority as “civilian component” means the civilian personnel accompanying a visiting force, who are employed in the service of the visiting force or are employed by an authorized service organization accompanying a visiting force, and who are not stateless persons or citizens of Kenya or persons means a person who is not ordinarily resident in Kenya and who is the wife, husband or a child of a member of a visiting force who is , in relation to a country, means the naval, military or air forces of , in relation to a visiting force, includes a member of the civilian includes any punishment awarded or imposed by a service , in relation to a country, means a court established under the service law of that country, or any authority empowered by that service law to investigate or try charges, or any authority empowered by that service , in relation to a country, means the laws governing the means anybody of the forces of a designated country which for the time being is lawfully present in Kenya in time of peace under a (1) If it appears to the Defence Council that it is expedient that this Part should have effect in relation to any particular country, the Cabinet Secretary responsible for Foreign Affairs may, by order, designate that country as a country
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123 [Issue 1] (2) An order under subsection (1) may provide that it shall have effect subject to limitations or conditions, or that this Part shall apply with modifications or (1) The service courts and service authorities of a designated country may, within Kenya or on board any ship or aircraft belonging to the Government, exercise over members of a visiting force that belongs to that country all such powers as are exercisable by them according to the law of the country, subject to (2) If a sentence has been passed, whether within or outside Kenya, by a service court of a designated country upon a member of a visiting force then, for (a) the service court shall be deemed (b) the sentence shall be deemed to have been within the jurisdiction of the service court and to have been in accordance with the law of the (c) the sentence, if executed according to the tenor of the sentence, (3) Any person who is detained in custody under a sentence contemplated in (4) Despite the provisions of this section, a sentence of death passed by a service court of a designated country shall not be carried out in Kenya unless under the law of Kenya a sentence of death could have been passed in a similar (1) The Kenyan civil courts shall have exclusive jurisdiction and primary right to try any member of a visiting force for any civil offence committed in contravention of any Kenyan law, customary international law, treaty or an (2) Despite subsection (1), a provision in a treaty or agreement to which the Kenyan Government is party to may confer exclusive and primary right to try any (3) If a member of a visiting force has been tried by a court of the country to (a) the member shall not be tried for the same offence by a Kenyan (b) if the member is subsequently convicted by a Kenyan court and it appears to that court that the conviction is wholly or partly in respect the court, the Kenyan court in sentencing shall have regard to any
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(1) For purposes of this Part, a certificate issued by or on behalf of the (a) that a body of the forces of that country is or was at a particular time present in Kenya shall, in proceedings in a Kenyan court, be (b) that a named person at a particular time either was or was not a member (whether as a member of the force or as a member of the civilian component or as a dependant) of a visiting force of that country shall, in proceedings in a Kenyan court, be sufficient (c) that a named person— (i) on particular date was sentenced by a service court of that (ii) is, or was at a particular time, detained in custody under a (iii) at a particular time and place, was tried by a service court of shall, in proceedings in a Kenyan court, be conclusive evidence of the fact (a) in a certificate issued for the purposes of this section reference is (b) in proceedings in a Kenyan court, reference is made to a person by the reference in the certificate and the reference in the proceedings shall be (3) A document purporting to be a certificate issued for the purposes of this section, and to be signed by or on behalf of a particular authority, shall be presumed to be a certificate issued by or on behalf of that authority, unless the (4) If a document purporting to be a certificate issued for the purpose of this (a) is one which under this section may be issued by or on behalf of the (b) purports to be signed by or on behalf of an authority of that country, that authority shall, in any proceedings in a Kenyan court, be presumed to be the appropriate authority of that country for the purposes of this section, unless the (5) If in proceedings in a Kenyan court it is admitted or proved (whether by means of a certificate or otherwise) that a body of the forces of a designated country is or was at a particular time present in Kenya, it shall be presumed in those proceedings that the body is or was at that time lawfully present in Kenya,
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125 [Issue 1] (a) monies allocated by Parliament for the purposes of the Defence Forces; (b) such monies or assets as may accrue to the Defence Forces in the course of the exercise of its powers or the performance of its (c) all monies from any other source provided for or donated to the (3) Monies donated to the Defence Forces under subsection (1)(c) shall be disclosed and reported in accordance with this Act and the law relating to (1) The National Assembly shall allocate adequate funds to enable the The financial year of the Defence Forces shall be the period of twelve months commencing on the first of July and ending on the thirtieth of June of the At least three months before the commencement of each financial year, the accounting officer in the Ministry designated by the Treasury shall cause to be prepared the estimates of the revenue and expenditure of the Defence Forces for (1) The Defence Forces shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Defence Forces. (2) Within a period of three months after the end of each financial year, the accounting officer in the Ministry shall submit to the Auditor-General the accounts (a) statement of the income and expenditure for that year; and (b) cash flow statement. (3) The annual accounts of the Defence Forces shall be prepared, audited and reported upon in accordance with the provisions of Articles 225 and 228 of
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(1) The Defence Council shall cause an annual report to be prepared for (2) The Defence Council shall submit the annual report to the President and Parliament within three months after the (3) The Defence Council shall cause the annual report to be published and (1) The Defence Council shall from time to time, by notice in the specify and designate suitable and distinct uniforms for the members of the (2) For purposes of this section includes apparel, kit, badge, decoration, insignia, wound stripes, emblems, brooch, costume or any other (1) Officers, warrant officers, non-commissioned officers and service members below the rank of non-commissioned officer shall stand in relation to each other in the order of precedence in which they are named in this (2) Officers, warrant officers and non-commissioned officers of the same rank shall, as between themselves, stand in order of precedence and command according to any order which may be made by the Defence Council, and where no such order is in force, according to their seniority reckoned by the date of their Duties or tolls for embarking from or disembarking on or securing alongside any pier, wharf, berth, quay or landing place, or for landing and taking off from an airstrip, airfield or airport, or for passing over any road, ferry or bridge, or for mooring or anchoring (which are maintained or run by public authorities) shall not (a) members of the Defence Forces or of any co-operating forces, when (b) vehicles, ships, boats, aircraft of the Defence Forces or of any co- (c) animals of the Defence Forces. No judgment, decree or order given or made against a member of the Defence Forces by any court shall be enforced by the levying of execution on any property in the possession of the person against whom it is given or made
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127 [Issue 1] (1) A person subject to this Act may make a statutory declaration under the Oaths and Statutory Declarations Act (Cap. 15) outside Kenya before any officer of the rank of major or corresponding rank or above, in this section referred to as (2) A statutory declaration purporting to have been made before an authorised officer, and containing in the attestation a statement of the date on which and the place at which the declaration was made and of the full name and rank of that officer, shall be admitted in evidence without proof that the signature (1) Every officer on being commissioned and every service member on being enlisted shall give particulars of the place, district and county in which the person ordinarily resides and the name and address of the next of kin, and those (2) The record shall be verified periodically, and it shall be the duty of the officer or service member to report any alteration that may occur in the recorded A will made by a member of the Defence Forces who has the legal capacity to (a) is signed by the member in the presence of an officer, who subscribes the officer’s name as witness in the member’s presence; (b) it is executed with the formalities prescribed by any other written law (1) If a member of the Defence Forces or any officer having charge or control of any pay, accumulation of pay, allowances, gratuity or other money or any other movable property-belonging to (2) If a member of the Defence Forces dies without leaving a valid will, the paymaster or any officer having charge or control of any pay, accumulation of pay, allowances, gratuity or other money or any movable property belonging to the member, shall pay or deliver it to the personal representative, or failing that, to the Public Trustee together with a copy of the record specified in section 296, and the Public Trustee shall administer and distribute the money or property in (3) Despite the provisions of any other law, if a member of the Defence Forces disappears or is lost at sea, land or air under circumstances that, in the opinion of the Service Commander, raise beyond reasonable doubt a presumption that the member is dead, the Service Commander may issue a
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certificate, in the prescribed form in the Fifth Schedule, declaring that the member is deemed to be dead and stating the date on which the death is presumed to have occurred, and the member shall henceforth, for the purposes of this Act and the regulations, and in relation to the member’s status and service Uniforms and decorations shall not be treated as part of the estate of a deceased member of the Defence Forces in relation to claims or creditors or for any of the purposes of administration under this Act or otherwise, and they shall (1) In every case of desertion, the movable property of the deserter in the charge or control of the paymaster or any other officer, including any money belonging or due to the deserter, shall be disposed of in a manner prescribed by (2) Regulations contemplated under subsection (1) shall not arbitrarily deny a (1) The Service Commander, or any officer authorised by regulations made under this Act, may convene a board of inquiry to investigate and report on the (a) the absence of any person subject to this Act; (b) the capture of any person by the enemy; (c) the death of any person if an inquiry into the death is not required to (d) any other matter of a prescribed class, and a board of inquiry shall, if directed to do so, express an opinion on any (2) The Defence Council, the Service Commander or the commanding officer (3) A board of inquiry shall consist of the prescribed number of persons, being persons subject to this Act, and the chairperson of the board shall be an (4) Evidence given before a board of inquiry shall not be admissible against any person in proceedings before a court-martial, appropriate superior authority or commanding officer other than proceedings for an offence under section 107, (1) If a board of inquiry into the absence of an officer or service member reports that the person has been absent without leave or other sufficient cause for a period of at least twenty one days, as specified in the report, a record of the
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129 [Issue 1] (2) A record entered under subsection (1) shall, unless the absentee subsequently surrenders or is arrested, or the report of the board of inquiry is annulled by the Defence Council or a subsequent board of inquiry, have the (1) The Defence Council shall establish an internal grievance mechanism which shall be under the Office of the Chief of the Kenya Defence Forces to (2) The Defence Council shall, within ninety days of the commencement of this Act make rules of procedure with respect to internal grievance mechanism (3) The rules of procedure made under subsection (2) shall be in accordance with Article 47 of the Constitution and shall make provisions with respect to investigation and determination of any complaint by or against a member of the Defence Forces and without prejudice to the generality of the foregoing, the rules (a) the procedure to be observed in lodging a complaint; (b) manner in which the complaint is to be investigated; and (c) manner in which appeals are to be made where a member of the (1) Subject to the powers of the President under this Act, and unless otherwise provided for under this Act, the Defence Council may make regulations for better carrying out the provisions and purposes of this Act, and generally for the good government of the Defence Forces and, without prejudice to the generality of the foregoing, such regulations may make provision with respect (a) the commissioning and appointment of officers, and their terms of service, retirement, resignation and precedence, and similar (b) the enlistment of recruits; (c) the administration of oaths and affirmations; (d) the promotion of officers and service members; (e) the persons, being members of the Defence Forces, in whom command over any service of the Defence Forces or any part or member thereof is vested, and as to the circumstances in which (f) the attachment and secondment of officers and service members (g) with the consent of the National Treasury, the pay, allowances, pensions and gratuities of members of the Defence Forces, including the manner of reckoning service before the
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(h) the seniority in rank, and the pension and other benefits, of a person who resigns a commission or is discharged from the defence forces to facilitate being granted a commission or enlisting in the defence (i) the periods and terms of service in the volunteer, reserve, and other (j) the distribution, organization and duties of the Defence Forces; (k) the government, discipline, pay and conditions of service of cadet (l) the distribution, posting, transfer, attachment and inspection of (m) the description, supply, use and disposal of arms, accoutrements, (n) the proper administration and control of establishments of the Defence Forces, including prohibiting, regulating or controlling, entry into, presence within, meetings in and traffic within such (o) the discipline, good order and guidance of the Defence Forces; (p) forfeiture of pay and deductions from pay (but not so as to permit a penal deduction, meaning a deduction to be made by reason of the negligence), and the determination of questions concerning (q) the delegation of any or all of the functions of a commanding officer under this Act, in specified cases and to a specified extent, to (r) the execution of sentences of death under this Act, including the manner and place where such executions are to be carried out and the custody, treatment and removal of persons under sentence of (s) the execution of sentences of imprisonment under this Act, including the prisons in which they are to be served, and the classification, treatment, employment, discipline, control, removal and temporary release on compassionate grounds of persons serving such sentences, and the appointment, powers and duties of inspectors, visitors, governors and members of the staff of service prisons, and (t) active service punishment; (u) billeting and requisitioning, including requiring persons to furnish particulars of the motor vehicles, and of the trailers normally drawn by motor vehicles, and of the ships, boats, barges, horses, mules, donkeys, camels, food, forage, fuel and stores in their possession (v) the administration, discipline and pay of the reserve, including calling out reservists and requiring reservists to report themselves from time to time and to obtain the permission of the competent
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131 [Issue 1] (w) the convening, constitution and procedure of boards of inquiry, the rules of evidence to be observed and the taking of evidence by such of oaths and affirmations to (x) fees and forms; (y) the making of inquiries regarding members of the Defence Forces missing in action and the giving of awards and decorations, the promotion of, and the disposal of pay and allowances of, such (z) the re-employment, appointment and terms and conditions for (aa) the establishment of school of Military law and other Military (bb) equal opportunity and affirmative action, including measures to ensure that all members of the Defence Forces are afforded adequate and equal opportunities for appointment, training and The Defence Council may make rules with respect to the investigation, trial of, and awarding of punishment for offences heard by, commanding officers and appropriate superior authorities, and, without prejudice to the generality of the (a) the procedure to be observed in bringing charges before (b) the manner in which charges are to be investigated, and the taking of evidence (whether orally or in writing, whether on oath or not and whether in full or in abstract form) for the purpose of summarily hearing the charges or other preliminary procedures to a hearing, and make provision for the application of section 168 where (c) additional charges, replacement of charges where new offences are disclosed by evidence taken on the investigation, and treating the (d) the convening and constitution of courts martial; (e) the sittings, adjournment and dissolution of courts martial. (f) the representation of the accused at trials; (g) procuring the attendance of witnesses before courts martial and at the taking of evidence in the circumstances described in paragraph (h) applying in relation to proceedings before commanding officers and appropriate superior authorities, and otherwise in relation to proceedings preliminary to trial by court marital, all or any of the
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(i) empowering a court-martial, where the particulars proved or admitted at the trial differ from those alleged in the charge but are sufficient to support a finding of guilty of the like offence as that charged, to make a finding of guilty subject to specified exceptions or variations, if it appears to the court that the difference is not so (j) the forms of orders and other documents to be made for the purposes of any provision of this Act or the rules of procedure relating to the investigation or trial of, or award of punishment for, offences which may be tried by courts martial, commanding officers (k) any matter that may be prescribed in relation to the matters The Chief Justice may make rules prescribing the practice and procedure in (1) Any power conferred by this Act to make regulations, rules, orders or other instruments shall include power to make provision for specified cases or classes of cases and to make different provision for different cases or classes of cases, and classes of cases may be defined by reference to any circumstances (2) Any regulations, rules, orders or other instruments made under this Act (a) impose conditions, or require acts or things to be performed or done to the satisfaction of any person named therein, whether or not the (b) empower such a person to issue directions, either orally or in writing, requiring acts or things to be performed or done, or (c) prescribe periods or dates within, upon or before which such acts or things shall be performed or done or such conditions shall be fulfilled, and providing for appeal against any such imposition, Save as expressly provided by this Act, any direction, requirement, order or determination which under this Act may be given or made by an officer or a service authority may be signified under the hand of any officer duly authorised in that behalf, and any instrument signifying such direction, requirement, order or determination and purporting to be signed by an officer stated therein to be so authorised shall, unless the contrary is proved, be presumed to have been
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133 [Issue 1] (a) any reference to the Armed Forces Act, under any written law shall (b) any regulations, directives, orders, or instructions or other administrative measures taken or issued under the Armed Forces Act, in force immediately before the commencement of this Act, (c) all Service orders, rules or regulations existing before the reviewed, amended or revised to conform to the provisions of the Constitution and this Act within (2) Until the orders, regulations, rules, circulars, notices, proclamations, or other instrument made in exercise of a power conferred by a written law applicable and having the force of law are amended in accordance with this section, they shall apply and be construed with alterations, qualifications, and exceptions necessary to bring them in conformity with the Constitution and this mmencement of this Act was serving as an officer or a service member of the Armed Forces shall, at the commencement of this Act, be deemed to be an officer or service member of the A person who immediately before the commencement of this Act was an employee of the Government seconded or attached to the Armed Forces shall, upon the commencement of this Act, be deemed to have been seconded or mmencement of this Act was serving as a reserve forces shall be regarded as having been enrolled as a member of the reserve force under this Act for the remainder of the predetermined period of mmencement of this Act was serving as a constabulary in the Armed Forces Constabulary shall be regarded as having been enrolled as amember of the constabulary under this Act for the remainder
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(1) All property, assets, rights, liabilities, obligations, agreements and other arrangements existing at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf of the Armed Forces, shall upon the commencement of this Act, be deemed to have vested in or to have been acquired, incurred or entered into by or on behalf of the Defence Forces to the same extent as they were enforceable by or against the Defence Forces before (2) Where the transfer of any property transferred to or vested in the Defence Forces under subsection (1) is required by any written law to be registered, the Defence Force’s shall, within three months from the commencement of this Act or within such other period as the written law may prescribe, apply to the appropriate registering authority for the registration of the transfer and thereupon the registering authority shall, at no cost to the Defence Forces or any person by (a) make such entries in the appropriate register as shall give effect to (b) where appropriate, issue to the Defence Forces a certificate of title or other statutory evidence of ownership of the property or make such amendments on such certificates or in the appropriate register (c) make any necessary endorsements on such deeds or other documents as may be presented to such registering authority The Defence Council shall put in place systems and policies of ensuring
()OATH FOR THE CHIEF OF DEFENCE FORCES, AND SERVICE COMMANDERS I………………………………………………………………………………………, (Chief of the Kenya Defence Forces/Vice Chief of the Kenya Defence Forces Service Commander) do (swear in the name of the Almighty God)/(solemnly affirm) that I will be faithful and bear true allegiance to the Republic of Kenya and to the President as the Commander in Chief of the Kenya Defence Forces; that I will obey, preserve, protect and defend this Constitution of Kenya and all other laws of the Republic; and that I will protect and uphold the sovereignty, integrity and dignity of the people of Kenya, that I will diligently serve the people and Republic of Kenya without any fear, favour, bias, affection, ill will, prejudice or any political,
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135 [Issue 1] In the exercise of the functions entrusted to me, I will at all times and to the best of my ability respect, uphold, preserpeople and Republic of Kenya and obey all laws, orders, regulations, directions
()CONDUCT OF BUSINESS AND AFFAIRS OF THE DEFENCE COUNCIL 1. The Defence Council shall meet as often as may be necessary for the dispatch of its business but shall hold at least one meeting in each quarter in any A meeting of the Defence Council shall be held on such date and at such The Chairperson shall, on the written application of one-third of the members, Unless the majority of the total membership of the Defagree, at least fourteen days’ written notice of every meeting of the Council shall The quorum for the conduct of business at a meeting of the Defence Council shall be five members but the quorum of the Defence Council shall not be properly constituted in the absence of Unless a unanimous decision is reached, a decision on any matter before the Subject to paragraph 5, no proceedings of the Defence Council shall be Unless otherwise provided by or under any law, all instruments made by and decisions of the Defence Council shall be signified in writing under the hand of of all proceedings of meetings of If any person is present at a meeting of the Defence Council or any that person or that person’s spouse is directly or indirectly interested in a private capacity, that person shall as soon as is practicable after the commencement of the meeting, declare such interest and committee otherwise directs, take part in any consideration or discussion of, or A disclosure of interest made under paragraph 10 shall be recorded in the
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A person who contravenes paragraph 10 commits an offence and upon conviction shall be liable to a fine not exceeding three million shillings or to imprisonment for a term not exceeding seven years or to both such fine and Subject to paragraph 14 the members of the Defence Council who are A member of the Defence Council shall not transact any business or trade A member of the Defence Council who is subject of a discussion in a meeting of the Defence Council shall be disqualified from attending, participating
()ORDER FOR TEMPORARY CONFINEMENT IN CIVIL CUSTODY To: *THE SUPERINTENDENT OF …………………………………………………….. PRISON.OF …………………………………… POLICE STATION.In pursuant of section 146(1) of the Kenya Defence Forces Act, I, the ficer of Number ……………………………….. Name…………………. Unit ……………………………. a person in service custody, order youto receive him into your custody and to detain him for a period not exceeding fifteen days or until you receive from me an order for his release, whichever is Place ……………………………………………………………. Date ………………………………………………… 20……… …………………………………………………….. * Delete as applicable
()OATH OF ALLEGIANCE I ………………………………………………………………………………………………………………do hereby swear by Almighty God [do hereby solemnly and sincerely affirm] (i) I will be faithful and bear true allegiance to the President as the Commander in Chief of the Kenya Defence Forces and to the Republic
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137 [Issue 1] (ii) I will faithfully serve the President and the Republic of Kenya as an I will faithfully serve the President and the Republic of Kenya as an or Service member] [or Constabulary] of the Kenya Defence Forces; (iii) I will obey all laws, and all orders, regulations, directions and instructions (iv) I will discharge all the duties of an Officer [(iv) I will discharge all the duties of an Officer [or Constabulary] of the Kenya Defence Forces according to the law, without fear, favour, affection or ill will. …………………………………………………….. Signature or thumb-print of person making the oath Sworn [or affirmed] by the said …………. after the oath had been read over and explained to him in the ……………………. language, which he acknowledged to understand, at …………………………. this ……………………….. day of ……………….., 20…………… ……………………………………………………..
()CERTIFICATE OF PRESUMPTION OF DEATH By virtue of the Powers vested in me under Section 298(3) of the Kenya Defence Forces Act, I ……………………………………………………………………………….. (Service Commander KA/KAF/KN) having perused the findings and report of the Board of Inquiry dated …………………………………………. 20…………… convened tostances under which …………………………………………………..or in air, or was lost at sea on .. ………………………………………………. 20……….. and having satirespect and having regard to all the prevailing circumstances which in my opinion raise a beyond reasonable doubt presumption that the said ………………………………………………… (Rank, Name and Svc No.)I ………………………………………………………………………………………………… (Service that the said ………………………….
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(Rank, Name and Svc No.) of ………………………………………….. unit be presumeded to have died on ………………………………………. dayof ………………………… 20………. Dated …………………… 20………. ……………………………………………………..
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139 [Issue 1] NO. 25 OF 2012 ARMED FORCES ACT SUBSIDIARY LEGISLATION
Page
Regulations, 1968 ………………………………………..
Armed Forces (Active Service Punishment) Regulations, 1969 ……………..
ions, 1969 ……………………………..
sdiction) Regulations, 1969 ……………………..
Armed Forces (Commissioning of Officers) Regulations, 1969 ………………
Regulations, 1969 ……………………………………………………………………………
of Procedure, 1969 …………………………………………….
l Appeals) Rules, 1969 ……………………………..
Armed Forces (Execution of Sentence of Death) Regulations, 1970 ………
ent) Regulations, 1970 ………………………………..
Regulations, 1980 ……………………………………………………………………………
ions, 1985 ……………………………..
s, 1999 …………………………………..

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141 [Issue 1] 1. Citation. 2. Interpretation. 3. Commanding officer. 4. Officer appointed to command. 5. Second in command. 6. Senior officer. 7. Powers of command. 8. Appointments, promotion, pay and allowances. 9. Standing orders. 10. Manner of promulgation. 11. Form of certificates of arrest. 12. Prescribed documents of record. 13. Investigation of barrack damage. 14. Contribution towards barrack damage. 15. Investigation into loss or damage of public property. 16. Deductions and forfeitures. 17. Forfeiture of pay for absence from duty. FIRST SCHEDULE – CERTIFICATE UNDER SECTION 75(1) OF THE SECOND SCHEDULE – CERTIFICATE
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1. Citation These Regulations may be cited as the Armed Forces (General) Regulations, 1969. 2. Interpretation In these Regulations— “civilian employee” means a person who is subject to the Act by virtue of section means a part of a unit which is so separated from the unit to which it belongs, that the commanding officer of that unit cannot effectively exercise his (1) For the purposes of the definition contained in section 2(1) of the Act, the commanding officer in relation to a member of the armed forces is the officer who has (a) is in immediate command of the unit to which that member belongs or is attached and who is directly responsible in disciplinary matters to an officer empowered to convene a court-martial to try an officer or serviceman (b) where that member is serving wifor disciplinary purposes under the command of the commanding officer of another unit or detachment, is the commanding officer of that detachment; (c) where that member is serving with a unit or detachment which has been placed for disciplinary purposes under the command of the commanding (d) in any case not falling within paragraph (a) or paragraph (b) of this powers of a commanding officer in relation to that member (otherwise than (2) In paragraph (1) of this regulation, the reference to a member of the armed forces belonging or being attached to or serving with a unit or detachment, includes a reference to a civilian employee being employed in the service of that unit or detachment or of any (1) An officer appointed to command a unit shall, irrespective of seniority, exercise (2) The powers of punishment vested in a commanding officer by virtue of section 81(2) and section 82(4) of the Act shall only be exercised by the commanding officer of an accused or by an officer to whom those powers have been delegated by the commanding
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143 [Issue 1] An officer holding an authorized appointment of second in command of a unit shall, irrespective of seniority, exercise command over all other officers serving therein except In the absence of both the officer in command of a unit and the officer appointed second in command thereof, the senior officer in that unit shall exercise command over all other officers serving therein. The powers of command to be exercised by officers shall be over officers junior to The Chief of General Staff may make standing orders with respect to the administration of pay and allowances and the promotion of personnel, and the appointments which may be held by personnel. The Chief of General Staff or the Commander, in respect of his service, may make (a) discipline, control, good order and guidance; (b) organization, administration and duties; (c) the distribution, posting, transfer, attachment and inspection of personnel; (d) the description, supply, use and disposal of arms, accoutrements, clothing (a) by being communicated to the accused; or (b) if the accused absents himself without leave before the matter can be communicated to him, by being published in the orders of the unit to which (c) in such other manner as may be directed by the confirming officer or (1) The certificate required by section 75(1) of the Act to be handed over with a person delivered into service custody as illegally absent, shall be in the form and shall (2) The certificate required by section 75(2) of the Act to be handed over with a person delivered into service custody, shall be in the form and contain the particulars set For the purposes of section 138(5) of the Act, the prescribed documents are those
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Without prejudice to any proceedings under any other section of the Act, the cause and extent of all damage or loss to which section 149 of the Act relates, and the time at (a) if personnel belonging to more than one unit are concerned, by a board of inquiry convened under the Act; or (b) if personnel belonging only to the one unit are concerned— (i) by a board of inquiry convened as aforesaid; or (ii) by the commanding officer of the unit concerned, or by an officer appointed by him both of whom may consider evidence, either written Provided that in every case where the cost and extent of the damage or loss will total two thousand shillings or more such investigation shall be by a board of inquiry The amount which a person may be required to contribute under subsection (1) of section 149 of the Act towards compensation for any damage or loss shall be the amount of the damage or loss divided by the number of persons who could under the said Provided that where any part of the amount of the damage or loss has been written off, or is the subject of an application for write-off, as a charge against the public under any regulations for the time being in force relating to write-off, the amount of the damage or loss for the purposes of these Regulations shall be the total amount of the damage or (1) Subject to paragraph (2) of this regulation, an investigation for the purpose of section 148(1) of the Act into the cause of any loss or damage to public property shall be by— (a) a board of inquiry convened under section 223 of the Act; or (b) an examination by the Commander, or by an officer authorized by him, or (2) Where during the course of an examination of evidence under paragraph (1)(b) it appears to the Commander or authorized officer that a person may have been responsible for such loss or damage as aforesaid, that person shall be given an opportunity of making a statement, if he so desires, for the consideration of the Commander or authorized Provided that, where in any proceedings before a court-martial or an appropriate superior authority a person has been convicted in circumstances involving a finding that he was guilty of a wrongful act or negligence which occasioned such loss or damage as aforesaid, it shall not be necessary to give him an opportunity of making any such (1) The pay of an officer or serviceman shall be available to meet any restitution order or deductions which may be awarded or ordered and any forfeiture or fine which may be (2) For the purposes of section 145 of the Act, the minimum monthly rate of pay which half of the net salary payable in any month after all deductions from his gross salary have
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145 [Issue 1] (3) Notwithstanding paragraph (2) of this regulation, when an officer or serviceman proceeds on terminal leave any amount authorized to be deducted from the pay will be (4) Without prejudice to the power of remission of forfeitures and deductions by the Commander under section 150 of the Act, any deduction of pay imposed under section 148 of the Act may be remitted by any officer superior in command to the officer imposing For the purposes of section 146(3) of the Act, the number of days a person is absent (a) The number of days shall be reckoned from the time that the absence, or as (b) every period of twenty-four hours shall be reckoned as one day and save as (c) when the total period of absence or the time spent in hospital is less than six hours no account shall be taken thereof unless the person was, by reason of his being absent or in hospital, prevented from performing a
()CERTIFICATE UNDER SECTION 75(1) OF THE ARMED FORCES ACT I certify that ……………………………………………………………………………………………………… (full name)given below appeared before the ………………………………………………….Magistrate’s Court in accordance with section 73 of the Act at ……………………………………………………on the …………………………………………… 20 ……………. alleged to have leave* having surrendered to ……………………………… /been arrested by* ……………………………………at ……………………………………………… (place) on ……………………………… (date) and was commitcivil custody/delivered into service custody*. The officer/serviceman* admitted/did not admit* that he leave from his unit at ……………………………………………..(place)on …………………………………………………. (date). . ………………………………………………………….. Service particulars of the officer Rank or serviceman referred to above Name Dated this ………………………………………………….. day of …………………………………………… 20 …………* Delete as appropriate.
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()CERTIFICATE UNDER SECTION 75(2) OF THE ARMED FORCES ACT I certify that ……………………………………………………………………………………………………… (full name)surrendered himself at …………………………………………….. (place) on the ……………………………..day of ………………………………………………….. 20 …………………, as being illegally absent from hisat ………………………………………… (place) on the …………………………………………………………….. day of……………………………………………………………. 20 ………………….., and gave the following parti Rank Name Unit Dated this ………………………………………………….. day of ………………………………………….., 20………….
1. Unit order book. 2. Unit order book, box file. 3. Register of deserters. 4. Registers of Public animals – horses and mules, camels. 5. Register of guard dogs. 6. Register of recruits. 7. Unit ammunition state. 8. Ledger for clothing and equipment. 9. Equipment ledger (mechanical transport). 10. Account of rations. 11. Account of forage/guard dogs rations. 12. Postage book. 13. Guard report. 14. Minor offence report. 15. Record of service (officers). 16. Record of service (servicemen). 17. Historical records. 18. Conduct sheets. 19. Educational record. 20. Record of the report of a board of inquiry into the illegal absence of an officer 21. Record of leave.
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147 [Issue 1] 22. Official service accounting documents. 23. Flying log book – pilots. 24. Aircraft and aircraft material servicing forms. 25. Air traffic controller’s watch log. 26. Runway controller’s logbook. 27. Authorization for movement of mechanical transport. 28. Mechanical transport vehicle logbook. 29. Ship’s logbook.
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149 [Issue 1] 1. Citation. 2. Interpretation. 3. Places where punishment may be carried out. 4. Nature of punishment. 5. Personal restraint.
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1. Citation These Regulations may be cited as the Armed Forces (Active Service Punishment) means a person subject to the Act who has been awarded active An offender shall undergo active service punishment with the unit to which he belongs Provided that where the officer commanding any body of servicemen or any command or other area (not being below the rank of lieutenant-colonel) has appointed an officer to supervise the carrying out of active service punishment, the offender may be required to undergo the whole or any part of his punishment elsewhere under the super-Active service punishment consists of one or more of the following, in addition to those duties which an offender might be required to perform if he were not undergoing (a) solitary confinement not exceeding three days in any one week and in such place and such manner as may be directed by the officer commanding the unit in which the offender undergoing the punishment is serving, or by the officer appointed to supervise the carrying out of such punishment; (b) additional drill not exceeding three separate periods of one hour each in any Provided that such drill shall not be performed on Sundays or, if the offender is not of the Christian religion, any other day which is the equivalent of a Sunday in the religion (c) such other duties and loss of privileges as may be directed by the officer commanding the unit in which the offender undergoing the punishment is serving, or by the officer appointed to supervise the carrying out of the but so that an offender shall not be subjected to any treatment to which he could not be 5. Personal restraint (a) to prevent his escape; or (b) to protect himself or others from injury.
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151 [Issue 1] (2) An offender may not be placed under personal restraint except in accordance with (a) The period for which the offender may be kept continuously under personal Provided that the officer superior in command to the officer supervising the personal restraint may authorize such additional period as he may consider necessary so long as the total period of such restraint does not exceed (b) handcuffs shall not be placed with
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153 [Issue 1] 1. Citation. 2. Interpretation. 3. Convening authority. 4. Order convening a board. 5. Constitution of board. 6. Duties of board. 7. Matters for reference to board. 8. Deferring and staying of proceedings. 9. Assembly of board. 10. Procedure of board. 11. Adjournment and reassembly. 12. Witnesses. 13. Persons who may be affected by findings. 14. Oaths. 15. Exhibits. 16. Record of proceedings. 17. Record of report.
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1. Citation These Regulations may be cited as the Armed Forces (Board of Inquiry) Regulations, A Board of Inquiry may be convened for the purposes of section 223 of the Act by order of the Commander, any officer commanding a formation or body of servicemen or any officer commanding a unit or detachment of the armed forces, hereinafter referred to (a) The order shall specify the composition of the board and the place and time (b) the order may, and where the matter referred to the board is that mentioned in rule 7(1)(a) of these regulations shall, specify the terms of reference of (c) the order may direct the board to express their opinion on any question (d) the convening authority may at any time revoke, vary or suspend the order. (1) A board convened to investigate any matter shall consist of not less than three persons subject to service law of whom one shall be of the rank of lieutenant or above or corresponding rank who shall be the president of the board and not more than one of whom may be a serviceman of the rank of Warrant Officer Class II or above or (2) The convening authority shall appoint the chairman and members of a board by It shall be the duty of a board to investigate and report on the facts relating to any matter referred to the board and, if directed so to do, to express their opinion on any (1) Subject to the provisions of these (a) the absence of any person subject to the Act who has been continuously absent without leave for a period of not less than twenty-one days and the deficiency (if any) in public property issued to him for his use;
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155 [Issue 1] (b) the capture of any person subject to the Act by the enemy and his conduct in captivity if, on his return from captivity, the convening authority considers (i) that he was captured through disobedience to orders or wilful neglect (ii) that having been captured he failed to take any reasonable steps (iii) that having been captured he served with or aided the enemy in the prosecution of hostilities or measures calculated to influence morale or in any other manner whatsoever not authorized by international (c) the death of any person subject to t(2) Subject as aforesaid, a board may be convened with reference to any matter (1) Subject to paragraph (2) of this regulation where any matter is the subject of investigation by any authority of the armed forces, or by a civil authority, or of proceedings under service law, or of proceedings in a civil court whether within or outside Kenya, (a) a board has not been convened with reference thereto, the convening authority may defer the convening of a board until the completion of such investigation or proceedings as aforesaid and upon completion thereof shall not be required to convene a board if satisfied that a board is not necessary; (b) a board has already been convened with reference thereto, the convening authority may stay the proceedings of the board until such investigation or proceedings have been completed and shall then dissolve the board if (2) Paragraph (1) of this regulation does not apply to the convening of a board with reference to such absence and such deficiency (if any) as are mentioned in regulation 7(1)(a) of these Regulations but where the convening authority is satisfied that the absence has terminated, and— (a) a board has not yet been convened with reference to the absence and deficiency (if any), the convening authority shall not be required to convene (b) a board has already been convened with reference thereto, the convening The president shall lay the terms of reference before the board, and the board shall (1) The president may from time to time adjourn the board, which shall sit on such
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(2) Without prejudice to paragraph (1) of this regulation, the convening authority may at any time direct the board to reassemble for such purpose as may be specified by the (1) A board shall hear the evidence of the witnesses who have been made available by the convening authority, and may hear the evidence of such other person as they think (2) While a civilian witness is giving evidence before a board, he may be represented, but subject to regulation 13 of these Regulations, his representative shall not be entitled to (3) A civilian witness shall be entitled to receive the reasonable expenses of his (4) The board may receive any evidence which it considers relevant to the matter referred to it, whether oral or written and whether or not it would be admissible in a civil (1) Where it appears to the convening authority, or if a board has been convened either to the convening authority or to the president, that any witness or other person may be affected by the findings of the board, the convening authority or, as the case may be that such witness or other person has notice of the proceedings and, if he so desires, has an opportunity of being present, and represented, at the sittings of the board, or at such (2) Any such witness or other person referred to in paragraph (1) of this rule may give evidence, question witnesses or call witnesses to give evidence on the matters which may affect him, and, if he is represented, his representative may question witnesses, but a representative shall not address the board except with the permission of the president. (1) The convening authority shall have power to direct that, subject to paragraph (3) of Provided that, where a child of tender years called as a witness does not, in the opinion of the board, understand the nature of an oath, his evidence may be received though not given on oath if, in the opinion of the board, he is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking (2) Subject to paragraph (3) of this regulation, an oath shall be administered to any (3) An oath shall be administered before a board in the form and manner prescribed (1) Subject to paragraph (2) of this regulation, any document or thing produced to a (2) When an original document or book ismay, at the request of the witness, compare a copy of it or an extract therefrom of the relevant parts with the original, and after they have satisfied themselves that such copy or
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157 [Issue 1] extract is correct and the chairman has certified thereon that the board have compared it with the original and found it correct, the board may return the document or book to the (a) be marked with a number or letter and be signed by the president or have a label affixed to it bearing a number or letter and the signature of the (b) be attached to or kept with a record of the proceedings unless in the opinion (4) When an exhibit is not attached to or keparagraph (3)(b) of this regulation, the chairman shall ensure that proper steps are taken (1) The chairman shall record or cause to be recorded the proceedings of the board in writing and in sufficient detail to enable the convening authority to follow the course of the (2) The evidence of each witness shall be recorded in narrative form recording as nearly as possible the words used: Provided that, if the board considers it necessary, any particular question and (3) The evidence of each witness, as soon as it has been taken down in accordance (4) A record of the proceedings shall be signed by the president and such other Where a board reports that a person subject to the Act has been absent without leave or other sufficient cause for a period specified in the report, not being less than twenty-one days, and that there is a deficiency in any public property issued to him for his use, a record of the report of such deficiency shall, in addition to the record required by section 224(1) of the Act, be entered in the book maintained for the purpose and in accordance with the form set out in the Schedule to these Regulations; and such entry shall be signed by the commanding officer of the person declared to be absent.
Record of a report of a Board of Inquiry into the absence of …………………………………………………………………………………………………………number, rank, name and unitThe Board of Inquiry sitting at …………………………………………………………………………………..on the …………………………………………………………………… day of ………………………………., 20 …………and consisting of ……………………………………………………………………………………………….
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………………………………………………………………………………………. [………………………………………………… [………………………………………………… [members. report that ……………………………………………………………………………………………………………… [] has been absent from ………………………………………………………………………[at ……………………………………………………………………………………………… [sufficient cause for a period beginning on the ……………………………………………………………………..day of ……………………………………………………………., 20………………………., and is still so further report* that the said ……………………………………………………………………………………… [] was on the ………………………………………………….. day of ……………………………….. 20 ………..,and still is deficient of the public property issued to him for his use particulars of which are set out Dated this ………………………………………………….. day of …………………………………………… 20………….Commanding Officer of the person referred to in * Omit if no such further report is made.
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159 [Issue 1] 1. Citation. 2. Interpretation. 3. Commanding officer. 4. Delegation. 5. Restriction on commanding officer dealing summarily with charges. 6. Limitation on awarding stoppages. 7. Limitation on powers of commanding officer of the rank of captain. 8. Limitation on powers of commanding officer not above lieutenant. 9. Commanding officer of detachment. 10. Limitation on powers of officer exercising delegated powers. 11. Appropriate superior authority. 12. Limitation on powers of appropriate superior authority. 13. Award of minor punishments. SCHEDULE – CIVIL OFFENCES WHICH A COMMANDING OFFICER OR APPROPRIATE SUPERIOR AUTHORITY MAY DEAL WITH
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1. Citation These Regulations may be cited as the Armed Forces (Summary Jurisdiction) means a person who is subject to the Act by virtue of section means a part of a unit which is so separated from the unit to which it belongs, that the commanding officer of that unit cannot effectively exercise his “subordinate commander” means an officer appointed as such by the (1) For the purposes of these Regulations, the commanding officer of an accused is (a) is in immediate command of the unit to which the accused belongs or is attached and who is directly responsible in disciplinary matters to an officer empowered to convene a court-martial to try an officer or serviceman (b) where the accused is serving with a detachment which has not been placed for disciplinary purposes under the command of the commanding officer of another unit or detachment, is the commanding officer of that detachment; (c) where the accused is serving with a unit or detachment which has been placed for disciplinary purposes under the command of the commanding (d) in any case not falling within paragraph (a) or paragraph (b) of this regulation, is by the custom of the service the officer entitled to exercise the powers of a commanding officer in relation to the accused (otherwise than (2) In paragraph (1) of this regulation, the reference to the accused belonging or being attached to or serving with a unit or detachment includes a reference to a civilian employee being employed in the service of that unit or detachment or of any part or (1) Subject to regulation 10 of these Regulations, a commanding officer may delegate to a subordinate commander of whatever rank who is under his command and directly responsible to him in disciplinary matters the power to investigate and deal summarily with
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161 [Issue 1] (2) Notwithstanding the restrictions placed upon the powers of a subordinate commander by virtue of regulation 10 of these Regulations, where a unit or detachment is serving with and has been placed for disciplinary purposes under the command of the commanding officer of another unit or detachment, that commanding officer may appoint a subordinate commander and delegate to him the full powers of a commanding officer. (3) A delegation under paragraph (1) or paragraph (2) of this regulation shall not (a) the power to remand the accused for trial by court-martial; or (b) the power to order the making of an abstract of evidence. (4) When a commanding officer delegates the power to investigate and deal summarily with charges under this regulation, he may impose such restrictions as he considers proper upon the exercise of that power by the officer to whom it is delegated, in A commanding officer shall not deal summarily with a charge under any of the (a) Sections 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26 and 28(1); (b) Section 31, unless the desertion alleged polls within the definition of that (c) sections 38(a) and 39(a), where the subject-matter exceeds in value one (d) sections 38(b) and 39(b), 40, 43, 44, 45, 46, 47, 49(1), 52, 53, 55, 56, 57, (e) section 66, where the commanding officer may not deal summarily with the (f) section 69, unless the corresponding civil offence is one of those specified section 69, unless the corresponding civil offence is one of those specified 6. Limitation on awarding stoppages A commanding officer shall not, without the permission of higher authority, award the A commanding officer shall not, without the permission of higher authority, award the 7. Limitation of powers on commanding officer of the rank of captain A commanding officer of the rank of captain or corresponding rank may only award the (a) To a warrant officer or non-commissioned officer— (i) a fine not exceeding the equivalent of half a month’s pay; (ii) severe reprimand; (iii) reprimand; (iv) admonition; (v) stoppages up to a maximum of five hundred shillings; (b) to a serviceman, other than a warrant officer or non-commissioned officer— (i) imprisonment for a period not exceeding forty-two days; (ii) a fine not exceeding the equivalent of half a month’s pay; (iii) the minor punishments specified in (iv) admonition; (v) stoppages up to a maximum of two hundred shillings.
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A commanding officer of the rank of lieutenant or corresponding rank, or below, may (a) To a warrant officer or non-commissioned officer— (i) a fine not exceeding the equivalent of a quarter of a month’s pay; (ii) severe reprimand; (iii) reprimand; (iv) admonition; (v) stoppages up to a maximum of three hundred shillings; (b) to a serviceman, other than a warrant officer or non-commissioned officer— (i) imprisonment for a period not exceeding twenty-one days; (ii) a fine not exceeding the equivalent of a quarter of a month’s pay; (iii) the minor punishments specified in regulation 13 of these Regulations; (iv) admonition; (v) stoppages up to a maximum of three hundred shillings. stoppages up to a maximum of three hundred shillings. 9. Commanding officer of detachment Where the commanding officer is commanding officer by virtue of paragraph (b) of (a) the commanding officer of the unit to which the sub-unit or detachment belongs may restrict him in the exercise of his power having regard to his (b) where he has been so restricted in the exercise of his powers, he may nevertheless exercise his full powers as a commanding officer if he considers it necessary for him to do so for the maintenance of discipline, but if he does so he shall immediately report his action to the commanding A subordinate commander to whom the power to investigate and deal summarily with charges has been delegated under regulation 4 of these Regulations may only award the (a) If he is of the rank of major or corresponding rank or above— (i) to a non-commissioned officer— (a) a fine not exceeding the equivalent of half a month’s pay; (b) severe reprimand; (c) reprimand; (d) admonition; (ii) to a serviceman, other than a warrant officer or non-commissioned (a) imprisonment for a period not exceeding twenty-eight days; (b) a fine not exceeding the equivalent of half a month’s pay; (c) the minor punishments specified in regulation 13 of these (d) admonition;
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163 [Issue 1] (b) if he is of the rank of captain or corresponding rank or below— (i) to a senior sergeant or sergeant— (a) reprimand; (b) admonition; (ii) to a corporal or lance corporal— (a) a fine not exceeding the equivalent of a quarter of a month’s pay; (b) severe reprimand; (c) reprimand; (d) admonition; (iii) to a private— (a) imprisonment for a period not exceeding fourteen days; (b) a fine not exceeding the equivalent of a quarter of a month’s (c) the minor punishments specified in regulation 13 of these (d) admonition. 11. Appropriate superior authority Any officer not below the rank of lieutenant-colonel or corresponding rank who is appointed appropriate superior authority by the Commander is hereby prescribed for the purposes of section 79 of the Act as the appropriate superior authority, in addition to the Provided that an officer of the rank specified in the first column hereunder or corresponding rank shall not be the appropriate superior authority for the purposes of a case in which the accused is above the rank specified in the second column hereunder or lieutenant-colonel captain colonel major major-general colonel lieutenant-general brigadier general major-general. general major-general. 12. Limitation on powers of appropriate superior authority The appropriate superior authority shall not deal summarily with a charge against an (a) Sections 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26 and 28(1); (b) sections 38(a) and 39(a) where the subject-matter exceeds in value two (c) sections 38(b) and 39(b), 40, 43, 44, 45, 46, 47, 49(1), 52, 53, 55, 56, 57, (d) section 66, where the appropriate su (e) section 69, unless the corresponding civil offence is one of those specified
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13. Award of minor punishments (1) The minor punishments which a commanding officer may award under (a) up to twenty-eight days’ confinement to barracks or stoppage of short leave, (b) up to twenty-eight days’ loss of privileges; (c) extra guards or picquets, except that a commanding officer of the rank of captain or corresponding rank or below (a) up to twenty-one days’ confinement to barracks or stoppage of short leave, (b) up to twenty-one days’ loss of privileges; (c) extra guards or picquets, except that a subordinate commander of the rank of captain or corresponding rank or (3) The periods specified in this regulation are the maximum periods which may be
CIVIL OFFENCES WHICH A COMMANDING OFFICER OR APPROPRIATE SUPERIOR AUTHORITY MAY DEAL WITH SUMMARILY 1. Theft, contrary to section 275 of the Penal Code (Cap. 63), where the value of the Taking and driving away a motor vehicle without the consent of the owner or other
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165 [Issue 1] 1. These Regulations may be cited as the Armed Forces (Commissioning of Officers) (1) There is hereby established a Board, to be known as the Armed Forces (2) The function of the Board shall be to make recommendations to the Defence Council pursuant to the provisions of section 169 of the Armed Forces Act, 1968, in relation to each service of the armed forces as to the grant of commissions in that service (a) the Chief of General Staff, or a person deputed by him in writing for the (b) two officers of or above the rank of captain or corresponding rank; (c) the Permanent Secretary in the Office of the President, or a person deputed (d) the Permanent Secretary of the Ministry for the time being responsible for defence, or a person deputed by him in writing for the purposes of these (e) the Permanent Secretary of the Ministry for the time being responsible for education, or a person deputed by him in writing for the purposes of these deliberative vote, and in the case of an equality of votes shall also have a casting vote; a decision of the majority of members present and voting at (4) Every recommendation of the Board shall be signified under the hand of the (5) Subject to the provisions of these Regulations the Board may regulate its own (6) The chairman may co-opt to serve on the Board for such length of time as he thinks fit any person or persons whose assistance or advice he may require, but a person so co-opted shall not be entitled to vote at any meeting of the Board or be counted as a
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167 [Issue 1] 1. Citation. 2. Interpretation. 3. 4. Delegation of powers. 5. Limitation of powers. 6. Stoppages. 7. Dismissal and reduction in rank. 8. Restriction on summary dealing with charges by commanding officer of the rank o
9. Restriction on summary dealing with charges by commanding officer of the rank o
SCHEDULE – CIVIL OFFENCES WHICH A COMMANDING OFFICER OR APPROPRIATE SUPERIOR AUTHORITY MAY DEAL WITH
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1969, L.N. 552/1988.] 1. Citation These Regulations may be cited as the Armed Forces (Armed Forces Constabulary– means the commanding officer of the unit to which a means any formation of the Constabulary attached to any unit of “detachment commander” means a member of the Constabulary, not below the (1) Subject to paragraph (2) of this regulation the Commandant, with the agreement of the commanding officer, may delegate to a detachment commander of whatever rank the power to investigate and deal summarily with charges which he himself may investigate (i) the power to remand the accused for trial by court-martial; or (ii) the power to order the making of an abstract of evidence. (2) A detachment commander to whom the power to investigate and deal summarily with charges has been delegated under paragraph (1) may only award the following (a) a fine not exceeding the equivalent of a quarter of a month’s pay; (b) stoppages up to a maximum of three hundred shillings. (3) The commanding officer may not delegate his powers of punishment to any other The commanding officer may not delegate his powers of punishment to any other 5. Limitation of powers The Commandant and the commanding officer shall not deal summarily with a charge (a) sections 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 28(1) and 31; (b) sections 38(a) and 39(a), where the subject matter exceeds in value one (c) sections 38(b), 39(b), 40, 43, 44, 45, 46, 47, 49(1), 52, 53, 55, 56, 57, 60, (d) section 66, where the Commandant and the commanding officer may not
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169 [Issue 1] (e) section 69, unless the corresponding civil offence is one of those specified section 69, unless the corresponding civil offence is one of those specified 6. Stoppages The Commandant and the commanding officer shall not, without the permission of higher authority, award the punishment higher authority, award the punishment 7. Dismissal and reduction in rank The punishments of dismissal and reduction in rank, when awarded by a commanding 8. Restriction on summary dealing with chA commanding officer of the rank of Deputy Commandant may only award the (a) a fine not exceeding the equivalent of half a month’s pay; (b) stoppages up to a maximum of five hundred shillings. stoppages up to a maximum of five hundred shillings. 9. Restriction on summary dealing with chA commanding officer of the rank of Inspector of Constabulary or below may only (a) a fine not exceeding the equivalent of a quarter of a month’s pay; (b) stoppages up to a maximum of three hundred shillings.
CIVIL OFFENCES WHICH A COMMANDING OFFICER OR APPROPRIATE SUPERIOR AUTHORITY MAY DEAL WITH SUMMARILY 1. Theft, contrary to section 275 of the Penal Code (Cap. 63), where the value of the Taking and driving away a motor vehicle without the consent of the owner or other
[Rev. 2012] No. 25 of 2012
171 [Issue 1] 1. Citation. 2. Definitions. 3. Avoidance of delay by commanding officer in investigating charges. 4. Report to higher authority where no investigation commenced within forty-eight 5. Eight-day delay report. 6. Arrest not to exceed 72 days without permission from higher authority. 7. Methods of investigating charge. 8. Hearing of evidence by commanding officer. 9. Abstract of evidence. 10. Investigation before summary dealing by commanding officer. 11. Dismissal of charge by commanding officer. 12. Reference of charge to higher authority. 13. Charge-sheets. 14. Charges. 15. Joint charges. 16. Construction of charge-sheets and charges. 17. Action by higher authority on receipt of charge. 18. Documents to be given to officers, servicemen and civilians dealt with summarily. 19. Investigations of and summary dealing with charges against officers, servicemen 20. Alternative courses open to appropriate superior authority. 21. Duties of convening officer when convening court-martial. 22. Appointment of President and Members. 23. Officers under instruction. 24. Preparation of defence.
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25. Preliminary matters to be considered by court and beginning of trial. 26. Objections to court. 27. Swearing of court. 28. Swearing of judge advocate. 29. Swearing of officers under instruction. 30. Appointment and swearing of, and objections to, interpreters and shorthand31. No right of objection to judge advocate, prosecutor or officer under instruction. 32. Order of trial. 33. Oaths and solemn affirmations. 34. Arraignment of accused. 35. Plea to jurisdiction of court. 36. Objection to charge. 37. Plea in bar of trial. 38. Application by accused at joint trial to be tried separately. 39. Application by accused to have charges tried separately. 40. Plea to charge. 41. Acceptance of plea of guilty. 42. Pleas on alternative charges. 43. Order of trial where pleas of guilty and not guilty. 44. Procedure on finding of guilty after plea of guilty. 45. Change of plea. 46. Application for adjournment of trial. 47. Case for prosecution. 48. Calling of witnesses whose evidence 49. Notice to accused that witness will not be called by prosecutor. 50. Swearing of witnesses. 51. Exclusion of witnesses from court. 52. Examination of witnesses. 53. Examination of witnesses by court. 54. Reading back of evidence to witnesses. 55. Calling of witnesses by court and recalling of witnesses. 56. Statutory declarations. 57. Submission of no case to answer and power of court to stop a case.
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173 [Issue 1] 58. Explanation to accused of rights when making defence. 59. Evidence for defence. 60. Evidence in rebuttal. 61. Closing addresses. 62. Summing up by judge advocate. 63. Deliberation on finding on charge. 64. Expression of opinions on, and form of, finding. 65. Announcement of finding. 66. Completion of procedure on plea of guilty before deliberation on sentence. 67. Trial of charges on other charge-sheets before deliberation on sentence. 68. Release of accused. 69. Accused’s record and plea in mitigation. 70. Request by accused for other offences to be taken into consideration. 71. Persons entitled to be present during deliberation on sentence. 72. Sentence and recommendation to mercy. 73. Postponement of deliberation on sentence. 74. Announcement of sentence and conclusion of trial. 75. General duties of president. 76. General duties of prosecutor and defending officer or counsel. 77. Counsel. 78. General duties of judge advocate. 79. Judge advocate sitting alone. 80. Withdrawal of charge-sheets and charges. 81. Amendment of charge-sheets and charges by court. 82. Amendment of charges by convening officer. 83. Sittings of court. 84. Adjournment.
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85. View by court. 86. Absence of President, members or judge advocate. 87. Insanity. 88. Interviewing of witnesses. 89. Procuring attendance of witnesses. 90. Record of proceedings. 91. Exhibits. 92. Custody and inspection of record of proceedings during trial. 93. Confirmation and promulgation. 94. Revision. 95. Loss of original record of proceedings before confirmation. 96. Loss of original record of proceedings after confirmation. 97. Custody of record of proceedings after confirmation. 98. Cost of copies of record of proceedings. 99. Petitions. 100. Notice requiring oral evidence in place of statutory declaration. 101. Exceptions from Rules on account of the exigencies of service. 102. Exceptions from Rules in interests of security. 103. Procedure in case of illiteracy or incapacity. 104. Deviations from the forms in the Schedules. 105. Cases not covered by Rules. FIRST SCHEDULE – FORMS FOR COMMANDING OFFICERS THIRD SCHEDULE – RECORD OF PROCEEDINGS, BEFORE AN FOURTH SCHEDULE – COURT-MARTIAL FORMS
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175 [Issue 1] FIFTH SCHEDULE – SENTENCES SIXTH SCHEDULE – OATHS AND AFFIRMATIONS SEVENTH SCHEDULE – PETITIONS
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PRELIMINARY 1. Citation These Rules may be cited as the Armed Forces Rules of Procedure, 1969. 2. Definitions In these Rules— “convening a fresh court” includes dissolving the existing court; “member”, in relation to a court-martial, does not include the president; “sexual offence” means an offence under section 69 of the Act where the corresponding civil offence is an offence under Chapter XV of the Penal Code (Cap. 63), or an attempt to commit such an offence, and shall include any offence of an indecent or unnatural kind under section 64 of the Act, or any attempt to commit such offence under section 66 of the Act, or an offence of an i (a) section 96 of the Act, means a finding which a court-martial may make in (b) section 101 of the Act, means a finding in accordance with subsection (1) of that section that the accused is guilty of the act or omission charged but (c) rule 64(3) of these Rules, means a finding that the accused is guilty of the When a person is detained by service authority in arrest his commanding officer shall, have such person brought before him, inform him of the charge against him and begin to 4. Report to higher authority where no investigation commenced within forty-eight Every case of a person being detained by service authority in arrest beyond the period of forty-eight hours referred to in rule 3 without such investigation having begun and the The report required by section 72(2) of the Act with regard to the necessity for further delay in bringing an accused to trial shall be in form set out in the First Schedule to these Rules and shall be signed by his commanding officer. The report shall be sent to the
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177 [Issue 1] An accused shall not be held in arrest for more than seventy-two consecutive days without a court-martial being convened for his trial, unless the officer who would be responsible for convening the court-martial directs in writing that he shall not be released (1) Subject to paragraphs (2) and (3) of this rule, when a commanding officer investigates a charge, he shall first read and, if necessary, explain the charge to the (a) hear the evidence himself in accordance with rule 8 of these Rules; or (b) cause the evidence to be reduced to writing in the form of an abstract of evidence made in accordance with rule 9 of these Rules, and read and (i) notwithstanding that he has heard all or part of the evidence himself, (ii) after the evidence has been reduced to writing and he has (iii) before he submits to higher authority a charge against an officer or against a civilian to whom Parts IV to X of the Act apply by virtue of section 9 of the Act, or remands a serviceman for trial by court-(2) Where the evidence taken in accordance with paragraph (1) of this rule discloses an offence other than the offence which is the subject of the investigation, a new charge alleging that offence may be preferred against the accused in addition to, or in substitution for, the original charge and the investigation of the original charge may be treated, for the (3) Where a civilian to whom Parts IV to X of the Act apply by virtue of section 9 of the Act is charged with an offence with which an appropriate superior authority can deal summarily, it shall not be necessary for his commanding officer to read the charge to the accused; but it shall be a sufficient compliance with this rule if his commanding officer causes to be delivered to the accused a copy of the charge-sheet and of the abstract of evidence and considers them together with any statement made by the accused under (a) each prosecution witness shall give his evidence orally in the presence of the accused, or the commanding officer shall read to the accused a written Provided that a written statement of a prosecution witness shall not be used if the accused requires that the witness shall give his evidence orally; (b) the accused shall be allowed to cross-examine any prosecution witness; (c) the accused may, on his own behalf, give evidence on oath or may make a (d) the accused may call witnesses in his defence, who shall give their
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(e) the evidence shall not be given on oath unless the commanding officer so (f) if the evidence is given on oath the commanding officer shall, subject to the accused’s right to make a statement without being sworn, administer the oath to each witness and to any interpreter in accordance with rule 33 of (g) when a commanding officer awards the punishment of forfeiture of seniority of rank that award shall be in the appropriate form set out in the Fifth 9. Abstract of evidence (1) An abstract of evidence shall be in form in the First Schedule to these Rules and (a) it shall be made by the commanding officer or by another officer on the (b) the accused shall not be present while the abstract of evidence is being (c) it shall consist of signed statements by such witnesses as are necessary to Provided that if, in the case of any witness, a signed statement is not readily procurable, a précis of the evidence to be given by that witness may be (d) an oath shall not be administered to a witness making a statement for inclusion in an abstract of evidence, but use may be made, where (2) When an abstract of evidence has been made in accordance with paragraph (1) of this rule a copy of it shall be handed to the accused and he shall then be cautioned in the “This is a copy of the abstract of evidence in your case. You are not obliged to say you have read it, if you wish to say anything, what you say will be taken down in (3) Any statement made by the accused after he has read the abstract of evidence (4) The accused’s statement, and a certificate in by the person who recorded the statement stating that the accused was duly cautioned in accordance with this rule, shall be attached to the abstract of evidence and shall thereafter form part of it. The certificate Before a commanding officer deals summarily with a charge after the evidence has (a) any prosecution witness who has not given his evidence orally shall do so if (b) the commanding officer shall give the accused a further opportunity to give evidence on oath or to make a statement without being sworn and to call
[Rev. 2012] No. 25 of 2012
179 [Issue 1] (1) A commanding officer may dismiss a charge at any time during his investigation if (2) If in the course of dealing summarily with a charge a commanding officer determines that it is desirable that the charge should be tried by court-martial, he may (3) After a commanding officer has referred a charge to higher authority in accordance with paragraph 12 of these Rules he shall not dismiss it unless it has been referred back to him with a direction that it shall be dismissed in accordance with section 81(3) or When a commanding officer submits to higher authority a charge against an officer, or against a civilian to whom Parts IV to X of the Act apply by virtue of section 9 of the Act, or (a) a copy of the charge-sheet on which the accused is held; (b) a draft charge-sheet containing the charges upon which the commanding officer considers that the accused should be dealt with summarily or tried by (c) the abstract of evidence; (d) a statement of the character and service record of the accused; and (e) a recommendation as to how the charge should be proceeded with. (1) A charge-sheet shall contain the whole of the issue or issues to be tried at one Provided that charges under paragraph (a) of section 31(1), paragraph (a) of section 32, paragraphs (a) and (b) of section 42 (where the charge is connected with a charge under either of the before-mentioned paragraphs) or section 51 of the Act may be included in any charge-sheet, notwithstanding that other charges in that charge-sheet are not founded on the same facts and do not form or are not part of a series of offences of (2) Every charge-sheet shall in its layout follow the appropriate illustration given in fthe (3) The commencement of each charge-sheet shall be in the appropriate form set out in the Second Schedule to these Rules, and shall state the number, rank, name and unit of the accused and show by the description of the accused or directly by an express (2) Offences may be charged in the alternative in separate charges, but in no case shall they be charged in the alternative in the same charge. When charges are laid in the alternative they shall be set out in order of gravity commencing with the most serious. (a) the statement of the offence; and
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(b) the particulars of the act, neglect or omission constituting the offence. (4) The statement of an offence, if it is not a civil offence, shall be in the appropriate form in the Second Schedule to these Rules, and if it is a civil offence in such words as (a) such circumstances respecting the alleged offence as will enable the accused to know every act, neglect or omission which it is intended to prove against him as constituting the offence; (b) when the offence charged is one which can be committed either in circumstances involving a higher degree of punishment or in circumstances involving a less degree of punishment, facts which it is intended to prove as rendering the accused liable to the higher degree of punishment if (c) any additional facts which it is intended to prove as rendering the accused liable to the punishment of stoppages if convicted. (1) Any number of accused may be charged in the same charge-sheet with offences alleged to have been committed by them separately if the acts on which the charges are (2) (a) Any number of accused may be charged jointly in one charge for an offence (b) where so charged any one or more accused may at the same time be charged in the same charge-sheet with any other offence alleged to have been committed by him or them individually or jointly, provided such charges could, if the accused to whom they relate had been tried separately, have been included under rule 13(1) in the same In the construction of a charge-sheet or charge there shall be presumed in favour of supporting it every proposition which may reasonably be presumed to be impliedly included, though not expressed therein, and the statement of the offence and the When a higher authority receives a charge against an accused he shall, if he does not refer it back to the commanding officer or deal summarily with it himself or himself convene a court-martial to try the accused, refer the charge either to an appropriate superior authority in order that that authority may deal summarily with it or to the officer who would be responsible for convening the appropriate court-martial to try the accused, and shall, when he so refers the charge, send to the appropriate superior authority or other officer concerned the documents mentioned in rule 12 of these Rules together with 18. Documents to be given to officers, servicemen and civilians dealt with summarily An appropriate superior authority shall ensure before investigating and dealing summarily with a charge that the accused is given, not less than twenty-four hours before
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181 [Issue 1] the charge is so investigated and dealt with, a copy of the charge-sheet containing the 19. Investigations of and summary dealing with charges against officers, servicemen When an appropriate superior authority investigates and deals summarily with a (a) he shall first read the charge to the accused; (b) the witnesses against the accused need not give their evidence orally if the accused has so agreed in writing but if the accused has not so agreed they shall give their evidence orally in his presence and he shall be allowed to (c) if the witnesses against the accused do not give their evidence orally the appropriate superior authority shall read the abstract of evidence to the (d) the accused in his defence may adduce evidence as to the facts of the case (e) the accused himself may give evidence on oath, make a statement without (f) each witness who gives evidence shall give it on oath and the oath shall be administered by the appropriate superior authority to each witness and to (g) when an appropriate superior authority awards the punishment of forfeiture of seniority of rank that award shall be in the appropriate form set out in the (h) a record shall be made of the proceedings in accordance with the form set An appropriate superior authority shall, if an accused elects to be tried by court-martial or the appropriate superior authority in the course of investigating, or whilst dealing summarily with, a charge determines that it is desirable that the charge should be tried by court-martial, either himself convene the court-martial or refer the charge to higher (a) issue a convening order in the appropriate form set out in the Fourth (b) direct upon what charges the accused is to be tried and ensure that the accused has been remanded for trial by court-martial upon those charges either by his commanding officer or by the appropriate superior authority (c) if he is of the opinion that charges should be put in separate charge-sheets, (d) direct, if there is more than one accused, whether the accused are to be (e) appoint the presiding officer and members of the court and any waiting
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(f) take the necessary steps to procure the appointment of a judge advocate; (g) appoint an officer or counsel assisted by an officer to prosecute or detail a Provided that the convening officer may appoint two such officers to (h) appoint the date, time and place for the trial; (i) send to the presiding officer the charge-sheet, the convening order and, if he considers it necessary or desirable, a copy of the abstract of evidence from which any evidence which in his opinion would be inadmissible under (j) send to each member of the court and to each waiting member a copy of (k) send to the prosecutor copies of the charge-sheet and convening order together with the original abstract of evidence and, where an expurgated copy thereof has been sent to the president, an unexpurgated copy thereof (l) send to the judge advocate copies of the charge-sheet and convening order and an unexpurgated copy of the abstract of evidence showing, where an expurgated copy has been sent to the president, the passages which have (m) ensure that the accused is given a proper opportunity to prepare his (n) take steps in accordance with rule 89 of these Rules to procure the attendance at the court-martial of all witnesses to be called for the Provided that the convening officer may require the accused to defray or to undertake to defray, as the convening officer thinks fit, the cost of the attendance of a witness whose attendance he has requested and if the accused refuses to defray or to undertake to defray, as the case may be, such cost, the convening officer shall not be 22. Appointment of president and Members (a) appoint the presiding officer of a court-martial by name; (b) appoint the members of a court-martial by name; and (c) appoint such waiting members as he thinks expedient by name. (1) Subject to rule 79 of these Rules, any officer subject to the Act may, by direction of the convening officer or at the discretion of the president, remain with a court-martial (2) An officer under instruction, although allowed to be present in closed court, shall (1) An accused who has been remanded for trial by court-martial may be represented by counsel and shall be afforded a proper opportunity for preparing his defence and allowed proper communication with his defending officer or counsel and with his
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183 [Issue 1] (2) A defending officer or counsel shall be appointed by the commanding officer to defend an accused who has been remanded for trial by court-martial, unless the accused (3) If the prosecution is to be undertaken by a legally qualified officer or by counsel the accused shall be notified of this fact in sufficient time to enable him, if he so desires and it is practicable, to make arrangements for a legally qualified officer or counsel to defend him. (4) As soon as practicable after an accused has been remanded for trial by court-martial, and in any case not less than twenty-four hours before his trial, he shall be given— (a) a copy of the charge-sheet; (b) an unexpurgated copy of the abstract of evidence showing the passages (if (c) notice of any additional evidence which the prosecution intends to adduce; (d) a list of the ranks, names and units of the presiding officer and members (5) When an accused is given a copy of the charge-sheet and of the abstract of (a) if necessary, have the charge explained to him; and (b) be informed that, upon his making a written request to his commanding officer not less than twenty-four hours before his trial requiring the attendance at his trial of any witness (other than a witness for the prosecution) whom he desires to call in his defence (such witness to be named by him), reasonable steps will be taken at the possible expense of the accused in accordance with these Rules to procure the attendance of (6) When an accused is served with a copy of a statutory declaration which the prosecution proposes to hand to the court in accordance with section 93(2) of the Act and rule 56 of these Rules, he shall be informed of his right under that section to require that (7) (a) When it is intended to try two or more accused jointly notice of this fact shall (b) Any such accused may, before trial, by written notice to the convening officer claim to be tried separately on the ground that he would be prejudiced in his defence if he were not tried separately. In such case the convening officer shall, if he is of the opinion that the interests of justice so require, direct that the accused who has so claimed shall be (8) When a charge-sheet contains more than one charge the accused may, before that charge-sheet on the ground that he would be prejudiced in his defence if he were not tried separately on that charge, and in such case the convening officer shall, if he is of the opinion that the interests of justice so require, direct that the accused shall be tried 25. Preliminary matters to be consid(1) Upon a court-martial assembling, the court shall, before beginning the trial, satisfy (a) that the court has been convened in accordance with the Act and these
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(b) that the court consists of not less than the legal minimum of officers; (c) that the president and members are of the required rank and length of (d) that the president and members have been duly appointed and are not (e) that the judge advocate has been duly appointed; (f) that the accused appears from the charge-sheet to be subject to service law or otherwise liable to trial by court-martial and to be subject to the jurisdiction of the court; and (g) that each charge is on its face correct in law and framed in accordance with (2) Where a vacancy occurs through a member of the court being disqualified under the Act or being absent when the court assembles the president may appoint a duly (3) The president may, if the interests of justice so require, substitute a duly qualified (4) If the court is not satisfied on any of the matters mentioned in paragraph (1) of this rule, and is not competent to rectify the matter itself under the Act or these Rules, it shall, (5) When the court has complied with this rule and is ready to proceed with the trial 26. Objections to court (1) The order convening the court and the names of the officers appointed to try the accused shall be read in the hearing of the accused, who shall be given an opportunity to (2) When a court is convened to try more than one accused, whether separately or jointly, each accused shall be given an opportunity to object to any officer on the court in accordance with the preceding paragraph and shall be asked separately whether he has (3) An accused shall state the names of all the officers to whom he objects before any (4) If more than one officer is objected to the objection to each officer shall be disposed of separately and the objection to the lowest in rank shall be disposed of first, except where the president is objected to, in which case the objection to him shall be (5) An accused may make a statement and call any person to make a statement in (6) An officer to whom the accused has objected may state in open court anything (7) An objection to an officer shall be considered in closed court by all the other officers on the court including any officer who has been appointed by the president in (8) When an objection to an officer is allowed that officer shall forthwith retire and take
[Rev. 2012] No. 25 of 2012
185 [Issue 1] (9) When an officer objected to (other than the president) retires and there is a duly qualified waiting member in attendance the president shall immediately appoint him to (10) The court shall satisfy themselves that a waiting member who takes the place of a member of the court is of the required rank and not disqualified under the Act and shall give the accused an opportunity to object to him and shall deal with any such objection in (11) If an objection to the president is allowed the court shall report to the convening (12) If as a result of the allowance of an objection to a member there are insufficient officers available to form a court in compliance with the Act, the court shall report to the convening officer without proceeding further with the trial, and the convening officer may either appoint an officer as a member to fill the vacancy or convene a fresh court to try the (1) Immediately after rule 26 has been complied with an oath shall be administered to accordance with rule 33 of these Rules and (2) The oath shall be administered by the judge advocate to the president first and (3) A court may be sworn at one time to try any number of accused then present (4) When a court is convened to try two or more accused separately and one accused objects to the president or to any member of the court, the court may, if they think fit, proceed to determine that objection in accordance with rule 26 of these Rules, or postpone the trial of that accused and swear the court for the trial of the other accused After the court has been sworn an oath shall be administered to the judge advocate in After the court and judge advocate have been sworn an oath shall be administered to any officer under instruction in accordance with rule 33 and in the presence of the 30. Appointment and swearing of, and objections to, interpreters and shorthand (1) A competent and impartial person may be appointed at any time to act as an interpreter or shorthand writer at a trial by court-martial and before he so acts an oath shall be administered to him in accordance with rule 33 of these Rules and in the (2) Before a person is sworn as an interpreter or as a shorthand writer the accused shall be given an opportunity to object to him in the same manner as an objection may be taken to a member of the court, and, if the court think that the objection is reasonable, that The accused shall have no right to object to a judge advocate, a prosecutor or an
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32. Order of trial (1) When a court has been convened to try two or more accused separately and have been sworn in accordance with rule 27(3) of these Rules, the court shall try them in the order indicated by the convening officer or, where he has given no such indication, in such in more than one charge-sheet, the court shall take the charge-sheets in the order indicated by the convening officer or, where he has given no such indication, in such order (1) An oath which is required to be administered under these Rules shall be administered in the appropriate form and in the manner set out in the Sixth Schedule to Provided that the opening words of the oath may be varied to such words and the oath may be administered in such manner as the person taking the oath declares to be (2) Subject to rule 27(2) of these Rules, every oath shall be administered at a court-(3) Where a person is permitted to make a solemn affirmation instead of swearing an oath the affirmation shall be in the appropriate form set out in the Sixth Schedule to these (1) When the court and judge advocate have been sworn the accused shall be (2) If there is more than one charge against the accused before the court he shall be (3) If there is more than one charge-sheet against the accused before the court the he charge in the first of such charge-sheets and shall announce their finding thereon, and if the accused has pleaded guilty the court shall comply with paragraphs (1) and (2) of rule 44 of these Rules before they arraign him (1) The accused, before pleading to the charge, may offer a plea to the jurisdiction of (a) the accused may adduce evidence in support of the plea and the prosecutor (b) the prosecutor may address the court in answer to the plea and the accused (3) When a court report to the convening officer under this rule the convening officer (a) if he approves the decision of the court to allow the plea, dissolve the court; (b) if he disapproves the decision of the court— (i) refer the matter back to the court and direct them to proceed with the
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187 [Issue 1] (ii) convene a fresh court to try the accused. (1) An accused before pleading to a charge may object to it on the grounds that it is not correct in law or is not framed in accordance with these Rules, and if he does so the prosecutor may address the court in answer to the objection and the accused may reply to (2) If the court uphold the objection they shall either amend the charge, if permissible court may, before adjourning under this rule, proceed with the trial of such other charge or (3) When a court reports to the convening officer under this rule, the convening officer (a) if he approves the decision of the court to allow the objection— (i) dissolve the court; or (ii) where there is another charge or another charge-sheet before the court to which the objection does not relate and which the court has (iii) amend the charge to which the objection relates if permissible under (b) if he disapproves the decision of the court to allow the objection— (i) direct the court to try the charge; or (ii) where there is another charge or another charge-sheet before the court to which the objection does not relate and which the court has (iii) convene a fresh court to try the accused. (1) An accused, before pleading to a charge, may offer a plea in bar of trial in reliance (a) the accused may adduce evidence in support of the plea and the prosecutor (b) the prosecutor may address the court in answer to the plea and the accused Provided that, if there is another charge or another charge-sheet before the court, the court may, before adjourning under this rule, proceed with the trial of such other (3) When a court report to the convening officer under this rule the convening officer (a) if he approves the decision of the court to allow the plea— (i) dissolve the court; or (ii) where there is another charge or another charge-sheet before the court to which the plea does not relate and which the court has not tried, direct the court to proceed with the trial of such other charge or
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(b) if he disapproves the decision of the court to allow the plea— (i) direct the court to try the charge; or (ii) where there is another charge or another charge-sheet before the court to which the plea does not relate and which the court has not tried, direct the court to proceed with the trial of such other charge or (iii) convene a fresh court to try the accused. (1) Where two or more accused are charged jointly any one of the accused may, before pleading to the charge, apply to the court to be tried separately on the ground that (2) If the accused makes such an application the prosecutor may address the court in (3) If the court are of the opinion that the interests of justice so require they shall allow (1) Where a charge-sheet contains more than one charge the accused may, before pleading to the charges, apply to the court to be tried separately on any charge in that charge-sheet on the ground that he would be prejudiced in his defence if he were not tried (2) If the accused makes such an application the prosecutor may address the court in (3) If the court are of the opinion that the interests of justice so require they shall allow the application and try the accused separately on the charge to which it relates as if that (1) After any pleas under rules 35 and 37, any objection under rule 36, and any application under rules 38 and 39 of these Rules, have been dealt with, the accused shall be required (subject to paragraph (2)) to plead either guilty or not guilty to each charge on which he is arraigned. (2) Where a court is empowered by section 96 of the Act to find an accused guilty of an offence other than that charged or guilty of committing the offence in circumstances involving a less degree of punishment or where they could, after hearing the evidence, make a special finding of guilty subject to exceptions or variations in accordance with rule 64 of these Rules, the accused may plead guilty to such other offence or to the offence charged as having been committed in circumstances involving a lesser degree of (1) If an accused pleads guilty to a charge under paragraph (1) or paragraph (2) of rule 40 of these Rules the judge advocate shall, before the court decide to accept the plea, explain to the accused the nature of the charge and the general effect of his plea and in particular the difference in procedure when an accused pleads guilty and when an accused pleads not guilty. (2) A court shall not accept a plea of guilty under either paragraph (1) or paragraph (2) (a) the court are not satisfied that the accused understands the nature of the
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189 [Issue 1] (b) the president, having regard to all the circumstances, considers that the (c) the accused is liable if convicted to be sentenced to death. (3) In the case of a plea of guilty under rule 40(2) of these Rules a court shall also not accept the plea unless the convening officer concurs and they are satisfied of the justice of such a course. The concurrence of the convening officer may be signified by the (4) When a plea of guilty under paragraph (1) or paragraph (2) of rule 40 of these Rules is not accepted by the court or the accused either refuses to plead to the charge or does not plead to it intelligibly, the court shall enter a plea of not guilty. (5) When a court are satisfied that they can properly accept a plea of guilty under paragraph (1) or paragraph (2) of rule 40 of these Rules they shall record a finding of (1) When an accused pleads guilty to the first of two or more alternative charges the court, if they accept the accused’s plea of guilty, shall record a finding of guilty in respect of the first charge and the prosecutor shall withdraw any alternative charge before the (2) When an accused pleads guilty to one of two or more charges which are laid in the (a) proceed as if the accused had pleaded not guilty to all the charges; or (b) with the concurrence of the convening officer (which may be signified by the prosecutor) record a finding of guilty on the charge to which the accused has pleaded guilty and a finding of not guilty on any alternative charge which is placed before it on the charge-sheet; and where the court record such findings the prosecutor shall before the accused is arraigned on it withdraw any charge which is alternative to the charge of which the court have found the accused guilty and which is placed after it in the charge-sheet. (1) After the court have recorded a finding of guilty, if there is no other charge in the same charge-sheet to which the accused has pleaded not guilty and no other accused who has pleaded not guilty to a charge in that charge-sheet, they shall proceed with the (2) If there is another charge in the charge-sheet to which the accused has pleaded not guilty, or there is another accused who has pleaded not guilty to a charge in that charge-sheet, the court shall not comply with rule 44 of these Rules until after they have dealt with such other charge or tried such other accused and have announced and (1) After the court have recorded a finding of guilty in respect of a charge to which an accused pleaded guilty the prosecutor shall, subject to rule 43 of these Rules, read the Provided that, if an expurgated copy of the abstract was sent to the president, the prosecutor shall not read to the court those parts of the abstract which have been expurgated or inform the court of the facts contained in those parts, and shall not hand the
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(2) If the abstract of evidence is, in the opinion of the court, inadequate or incomplete, the court shall hear and record in accordance with these Rules sufficient evidence to (3) After paragraph (1) and (2) of this rule have been complied with the accused (a) adduce evidence of character and in mitigation of punishment; and (b) address the court in mitigation of punishment. (4) After paragraph (3) has been complied with, the court shall proceed as directed in 45. Change of plea (1) An accused who has pleaded not guilty may at any time before the court close to deliberate on their finding withdraw his plea of not guilty and substitute a plea of guilty (including a plea of guilty under rule 40(2) of these Rules), and in such case the court shall, if they are satisfied that they can accept the accused’s changed plea, record a (2) If at any time during the trial it appears to the court that an accused who has pleaded guilty does not understand the effect of his plea or the nature of the charge, the court shall enter a plea of not guilty and proceed with the trial accordingly. (3) When a court enter a plea of not guilty in respect of any charge under paragraph (2) of this rule, they shall, if there was a charge laid in the alternative thereto 46. Application for adjournment of trial (a) the court shall ask the accused whether he wishes to apply for an adjournment on the grounds that any of these Rules relating to procedure before trial have not been complied with and that he has been prejudiced thereby, or on the ground that he has not had sufficient opportunity for (b) if the accused applies for an adjournment— (i) the accused may adduce evidence in support of his application and (ii) the prosecutor may address the court in answer to the application (c) the court may grant an adjournment if they think the interests of justice so require. (1) The prosecutor may if he desires, and shall if required by the court, make an opening address explaining the charge, w
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191 [Issue 1] (1) If the prosecutor intends to adduce evidof evidence given to the accused notice of such intention together with the particulars of the evidence shall, when practicable, be given to the accused a reasonable time before (2) If such evidence is adduced without notice or particulars having been given the court may, if the accused so desires, either adjourn after receiving the evidence or allow any cross-examination arising out of that evidence to be postponed, and the court shall The prosecutor shall not be bound to call aevidence is contained in the abstract of evidence nor a witness whom he has notified the accused that he intends to call under rule 48 of these Rules, but if the prosecutor does not intend to call such a witness to give evidence he shall either tender him for cross-examination by the accused, or give the accused reasonable notice that he does not intend to call the witness and that the accused will be allowed to communicate with him Subject to section 91 of the Act, an oath shall be administered to each witness in accordance with rule 33 of these Rules before he gives evidence and in the presence of During a trial a witness other than the prosecutor or accused shall not, except by leave of the court, be in court while not under examination, and if while he is under examination a discussion arises as to the allowance of a question or otherwise with regard to the (1) A witness may be examined by the person calling him, and may be cross-examined by the opposite party to the proceedings, and on the conclusion of any such cross-examination may be re-examined by the person who called him on matters arising out of the cross-examination. (2) The person examining a witness shall put his questions to the witness orally and, unless an objection is made by the witness, the court, the judge advocate, the prosecutor or the accused, the witness shall reply forthwith. If such an objection is made the witness (3) The court may allow the cross-examination or re-examination of a witness to be (1) The president, the judge advocate and, with permission of the president, any (2) Upon any such questions being answered the prosecutor and the accused may put to the witness such questions arising from the answer which he has given as seem
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(1) The record which has been made of the evidence given by a witness shall be read back to him before he leaves the court and when this is done he may ask for the record to (2) If any such correction is made or explanation given the prosecutor and the accused may put such questions to the witness respecting the correction or explanation (3) When a shorthand writer is employed, it shall not be necessary to comply with paragraphs (1) and (2) of this rule if, in the opinion of the court and the judge advocate, it (1) The court may, at any time before the judge advocate begins to sum up, call a witness or recall a witness if in the opinion of the court it is in the interests of justice to do so; and, if the court call a witness or recall a witness under this rule, the prosecutor and (2) The prosecutor and the accused may, at any time before the judge advocate begins to sum up, recall a witness by leave of the court and the prosecutor and the A statutory declaration which is admissible in accordance with the provisions of section 93 of the Act shall be handed to the court by the prosecutor or the accused, as the (1) At the close of the case for the prosecution the accused may submit to the court in respect of any charge that the prosecution has failed to establish a case for the accused makes such a submission the prosecutor may address the court in answer (a) the prosecution has not established a case on the charge as (b) it is not open to them on the evidence adduced to make a special finding (3) If the court allow the submission they shall find the accused not guilty of the charge to which it relates and announce this finding in open court forthwith; if the court (4) Irrespective of whether there has been a submission under this rule or not, the court may at any time after the close of the hearing of the case for the prosecution, and after hearing the prosecutor, find the accused not guilty of a charge, and if they do so they
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193 [Issue 1] (1) After the close of the case for the prosecution the president or, if he so directs, the (a) if he wishes he may give evidence on oath as a witness or make a statement without being sworn, but that he is not obliged to do either; (b) if he gives evidence on oath he will be liable to be cross-examined by the prosecutor and to be questioned by the court and the judge advocate, but that if he makes a statement without being sworn no one will be entitled to (c) whether he gives evidence or makes a statement or remains silent he may call witnesses on his behalf both to the facts of the case and to his (2) After the president or judge advocate has complied with paragraph (1) of this rule, he shall ask the accused if he intends to give evidence on oath or to make a statement without being sworn and if he intends to call any witness on his behalf and, if so, whether (3) If the accused intends to call a witness to the facts of the case other than himself or to hand in a statutory declaration as to the facts of the case he may make an opening (1) After rule 58 has been complied with, t(2) Rules 50, 51, 52, 53, 54, 55 and 56 to these Rules shall apply to the witnesses and the evidence for the defence as they apply to the witnesses and the evidence for the 60. Evidence in rebuttal After the witnesses for the defence have given their evidence the prosecutor may, by leave of the court, call a witness or recall a witness to give evidence on any matter raised by the accused in his defence which the prosecution could not properly have mentioned to the court before the accused disclosed his defence or which the prosecution could not (1) After all the evidence has been given the prosecutor and the accused may each (2) The accused shall be entitled to make his closing address after the closing (3) Where two or more accused are represented by the same defending officer or After the closing addresses, the judge advocate shall sum up the evidence and advise
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63. Deliberation on finding on charge (1) After the judge advocate’s summing up the court shall close to deliberate on their (2) While the court are deliberating on their finding on the charge no person shall be (3) If the court, while deliberating on their finding on the charge, require further advice from the judge advocate the court shall suspend their deliberation and ask and be given (1) The opinion of the president and each member as to the finding shall be given in closed court, orally, and on each charge separately, and their opinions shall be given in (2) Save as is otherwise provided in paragraph (4) of this rule, the court shall record (a) a finding of guilty or a special finding in accordance with section 96 or (b) a finding of not guilty or of not guilty and honourably acquitted of the charge. (3) Where the court are of the opinion as regards any charge that the facts which they find to be proved in evidence differ from the facts alleged in the particulars of the charge, but are nevertheless sufficient to prove the offence stated in the charge and that the difference is not so material as to have prejudiced the accused in his defence, the court may, instead of recording a finding of not guilty, record a finding that the accused is guilty of the charge subject to any exception or variation which they shall specify in the finding. (4) Where the court have recorded a finding of guilty on a charge which is laid in the alternative they shall find the accused not guilty of any charge alternative thereto which is placed before it in the charge-sheet and record no finding on any charge alternative 65. Announcement of finding (3) The finding shall be in the appropriate form set out in the Fourth Schedule to these 66. Completion of procedure on plea ofAfter the court have announced their finding on any charge on which the court have entered a plea of not guilty, if there is another charge in the same charge-sheet on which Where there is another charge-sheet against the accused before the court the court shall not comply with rules 68, 69 and 70 of these Rules until they have arraigned and
[Rev. 2012] No. 25 of 2012
195 [Issue 1] tried the accused and have complied with rule 65 of these Rules and, if necessary, with rule 66 of these Rules in respect of each charge in such other charge-sheet, unless that If the findings on all charges against the accused are not guilty the court shall order the accused to be released and the president and judge advocate shall date and sign the record of the proceedings. The president shall then forward the record as directed in the (1) If the finding on a charge against the accused is guilty, or the court makes a special finding in accordance with section 96 of the Act or rule 64(3) of these Rules, the court, before deliberating on their sentence, shall whenever possible take evidence of his (a) any recognized acts of gallantry or distinguished conduct on the part of the (b) particulars of any offence of which the accused has been found guilty during his service and which is recorded in the service books relating to the (c) the length of time he has been under arrest awaiting trial or in confinement (2) Evidence of the matters referred to in paragraph (1) of this rule may be given by a witness producing to the court a written statement containing a summary of the entries in the service books relating to the accused, after the witness has in court verified such statements and identified the accused as the person to whom it relates. Such statement (3) In addition to the evidence contained in the statement referred to in paragraph (2) of this rule it shall be the duty of the prosecutor whenever possible to call as a witness an officer (a) the accused’s family background and responsibilities and any other circumstances which may have made him more susceptible to the (b) his general conduct in the service; and (c) particulars of offences which do not appear in the statement above referred to of which the accused has been found guilty by a civil court, not being and which are of the same general nature as that of which the accused has Provided that the court shall not be informed of any such civil offence unless the finding is proved in accordance with section 139 of the Act, or the accused has admitted, after the purpose for which such admission is required has been explained to him, that he (4) The accused may cross-examine any witness who gives evidence in accordance with paragraph (2) and (3) of this rule and, if the accused so requires, the service books, or a duly certified copy of the material entries therein, shall be produced, and if the contents of the form are in any respect not in accordance with the service books or such certified copy the court shall cause the form to be corrected accordingly. (5) After paragraphs (1), (2), (3) and (4) of this rule have been complied with the (a) give evidence on oath and call witnesses in mitigation of punishment and to
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(b) address the court in mitigation of punishment. (1) Before the court close to deliberate on their sentence the accused may request the court to take into consideration any other offence under the Act committed by him of a similar nature to that of which he has been found guilty, and, upon such a request being made, the court may agree to take into consideration any of such other offences as to the (2) A list of the offences which the court agree to take into consideration shall be read to the accused by the judge advocate, who shall ask the accused if he admits having (3) The accused shall sign a list of the offences which he admits having committed and the court shall take the offences in this list into consideration. The list shall be signed by the president and be attached to the record of the proceedings as an exhibit. While the court are deliberating on their sentence no person shall be present except (1) The court shall award a sentence in respect of each of the offences of which the accused is found guilty; and the sentence or sentences shall be in the appropriate form (2) The opinion of the president and each member as to the sentence shall be given orally and in closed court, and their opinions shall be given in order of seniority (3) When the court have agreed to take into consideration an offence or offences not included in the charge-sheet the court shall award one sentence in respect of the list of offences which they are taking into consideration, but not greater than the maximum sentence which may be awarded under the Act for the offence of which the accused has been found guilty, save that they may include in their sentence a direction that such deductions shall be made from the pay of the accused as they would have had the power to direct to be made if the accused had been found guilty of the offence taken into (4) The court may make a recommendation to mercy and if they do so shall record in Where two or more accused are tried separately by the same court upon charges arising out of the same transaction the court may, if they think that the interests of justice so require, postpone their deliberation upon the sentence to be awarded to any one or more of such accused until they have recorded and announced their findings in respect of 74. Announcement of sentence and conclusion of trial (1) The sentence or sentences, and any recommendation to mercy together with the reasons for making it, shall be announced in open court. The sentence or sentences shall
[Rev. 2012] No. 25 of 2012
197 [Issue 1] (2) When paragraph (1) has been complied with the president shall announce in open (3) Immediately after the conclusion of the trial the president and judge advocate shall date and sign the record of the proceedings. It shall be the duty of the president to ensure that the trial is conducted in accordance with the Act and these Rules and in a manner befitting a court of justice, and in (a) to ensure that the prosecutor and the defending officer or counsel conduct (b) to ensure that the accused does not suffer any disadvantage in consequence of his position as such or of his ignorance, or of his incapacity to examine or cross-examine witnesses or to make his own evidence clear and intelligible, or otherwise; (c) to ensure that an officer under instruction does not express an opinion to the court on any matter relating to the trial before the court have come to their finding, nor on sentence before the court have decided upon the (d) to ensure that the record of the proceedings and the exhibits attached to or (1) It shall be the duty of the prosecutor and of the defending officer or counsel to assist the court in the administration of justice, to treat the court and judge advocate with (a) to conform with these Rules and the practice of the civil courts relating to (b) not to refer to any matter not relevant to the charge before the court; and (c) not to state as a matter of fact any matter which is not proved or which they (2) Without prejudice to the generality of paragraph (1) of this rule it shall be the duty of the prosecutor to bring the whole of the transaction before the court and not to take any (1) Subject to these Rules, the following persons shall be allowed to appear as (a) an advocate; (b) with the consent of the convening officer, any person who is recognized by him as having in any country or territory outside Kenya rights and duties similar to those of an advocate and as being subject to punishment or disability for a breach of professional rules.
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(2) Any right granted by these Rules to the accused at a court-martial to call or examine witnesses or to address the court, any right of the accused to object to the admissibility of evidence at a court-martial and any right granted to the accused by rules 24(5), (7) and (8), 26, 30, 35, 36, 37, 38, 39, 46, 57, 70, 78(2), 90 and 92(2) of these Rules, may be exercised by his defending officer or his counsel on his behalf, and any reference in these Rules to any address, request, application, claim, submission, objection or plea to the jurisdiction or in bar of trial made, taken or offered at a court-martial by the accused shall be construed as including any address, request, application, claim, (3) If the accused is to be defended at his court-martial by counsel not nominated by the convening officer the accused shall give the convening officer notice of this fact not (1) The judge advocate shall be responsible for the proper discharge of his functions (2) The prosecutor and the accused respectively are at all times after the judge advocate is named to act at the trial entitled to his opinion on any question of law or procedure relative to the charge or trial whether he is in or out of court, subject when he is (3) (a) On the assembly of the court the judge advocate shall advise the court of any defect in the constitution of the court or in the charge-sheet, and during the trial he shall (b) The court shall accept the judge advocate’s advice on all such matters unless they have weighty reasons for not doing so, and if the court do not accept it their reasons for (4) After the closing addresses the judge advocate shall sum up the evidence and advise the court upon the law relating to the case before the court close to deliberate on their finding. If in the course of deliberating on their finding the court require further advice from the judge advocate, they shall suspend their deliberation and ask and be given such (5) If when the court announce a finding of guilty or a special finding under section 96 of the Act or rule 64(3) of these Rules the judge advocate is of the opinion that such (a) he shall once more, but not more than once more, advise the court what (b) the court shall then reconsider their finding in closed court; and (c) the record of the proceedings relating (6) The judge advocate shall be present whenever the court is sitting whether in open or closed court, except when the court is deliberating on the finding on the charge or on a (7) The judge advocate has equally with the president the duty of ensuring that the accused does not suffer any disadvantage in consequence of his position as such, or of his ignorance, or of his incapacity to examine or cross-examine witnesses, or to make his (8) The judge advocate shall be responsible for seeing that a proper record of the
[Rev. 2012] No. 25 of 2012
199 [Issue 1] (a) during the course of a trial any question as to the admissibility of evidence (b) during a joint trial an application is made by any of the accused for a (c) an application is made by an accused that a charge should be tried the president may direct that the point at issue shall be determined by the judge advocate in the absence of the president and the members of the court and of any officer under instruction. Where the president so directs he, the members of the court and any officer (2) The judge advocate shall, when the president and members of the court and any the arguments and evidence relevant to the point at issue and shall give his ruling upon this point and such reasons therefor as he may consider necessary. After the judge advocate has given his ruling the president and members of the court and any officer under instruction shall return to the court room and the judge advocate shall announce his ruling to them and the court shall follow his ruling. (3) When a judge advocate sits alone in accordance with this rule the proceedings before him shall form part of the proceedings of the court, and sections 52(1), 53, 91, 92(1) and (2), 93, 94, 95 and 97 of the Act and rules 33, 50, 51, 52, 53, 54, 55, 56, 76, 77, the judge advocate sitting alone as they apply to proceedings before the president and members of the court, and anything which is authorized by those sections and those rules to be done by the court or by the president may be done by the judge advocate when (4) When a judge advocate is sitting alone in accordance with this rule and a person subject to the Act commits an offence against section 52(1) of the Act, the judge advocate shall report the occurrence to the president who shall take such action as he considers (5) The judge advocate shall be responsible for ensuring that the president and members do not see the record of the proceedings before the judge advocate when sitting alone until after the court has announced its finding. A court may with the concurrence of the convening officer (which may be signified by the prosecutor) allow the prosecutor to withdraw a charge before the accused is arraigned (1) At any time during a trial, if it appears to the court that there is in the charge- (a) a mistake in the name or description of the accused; (b) a mistake which is attributable to a clerical error or omission,
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(2) At any time during a trial, if it appears to the court before they close to deliberate on their finding that it is desirable in the interests of justice to make any addition to or omission from or alteration in a charge which cannot be made under paragraph (1) of this rule, they may, if such addition, omission or alteration can be made without unfairness to When a court report to the convening officer under rule 36(2) of these Rules he may amend the charge in respect of which they have reported to him by making any addition to or omission from or alteration in the charge which, in his opinion, is desirable in the interests of justice and which he is satisfied can be made without unfairness to the Subject to the provisions of the Act and of these Rules relating to adjournment, a trial shall be continued from day to day, and the court shall sit for such time each day as may Provided that the court shall not sit on a Sunday, or on a public holiday, unless in the opinion of the court or of the convening officer the exigencies of the service make it necessary to do so. (1) During a trial the court may adjourn from time to time and from place to place as the interests of justice require. (2) If during a trial any reason emerges which makes it advisable that the court should not continue to hear the case, the court shall adjourn and report thereon to the convening (3) If at any time during a trial the accused becomes ill and it appears to the court that the illness is such that it will be impracticable to continue the trial, the court shall ascertain (1) If at any time during a trial before the court close to deliberate on their finding it appears to the court that they should in the interests of justice, view any place or thing, (2) When the court view any place or thing the president, members of the court, judge 86. Absence of president, members or judge advocate (1) If after the commencement of a trial the president or judge advocate dies or is otherwise unable to attend the court shall adjourn and report to the convening officer, who (2) If after the commencement of a trial any member of the court dies or is otherwise unable to attend the court, if not thereby reduced below the legal minimum, shall continue with the trial, but if reduced below the legal minimum the court shall adjourn and the president shall report to the convening officer, who shall dissolve the court if there is any
[Rev. 2012] No. 25 of 2012
201 [Issue 1] (3) If the president, judge advocate, or a member of the court is absent during any part of a trial he shall take no further part in it, and the like steps shall be taken as if the (5) Where a court is dissolved in accordance with this rule the convening officer shall without undue delay take the prescribed steps to convene another court to try the (1) Where on the trial of a person the question of his fitness to be tried falls to be determined in accordance with section 100(1) of the Act the court shall take evidence as to his condition and, if after considering the evidence the court are of the opinion that the accused is fit to stand trial, they shall proceed with the trial. If they are of the opinion that (2) If a court, in the course of their deliberation on their finding on a charge, find pursuant to section 101 of the Act that the accused was guilty of the offence but was insane when he committed the act or made (3) Immediately after a finding has been announced under paragraph (1) or paragraph (2) of this rule the president shall announce in open court that the proceedings are terminated and thereupon the president and the judge advocate shall date and sign the record of the proceedings, and the president shall then forward the record as directed in the convening (1) The prosecution shall not without the consent of the convening officer, or, after the trial has begun, without the consent of the president, interview any witness whose attendance at the trial the accused has requested in accordance with rule 24(5)(b) of these Rules, or who has made a statutory declaration a copy of which the accused has (2) Except as provided in rule 49 of these Rules, neither the accused nor any person on his behalf shall, without the consent of the convening officer, or, after the trial has begun, without the consent of the president, interview any witness for the prosecution whose evidence is included in the abstract of evidence, or in respect of whom the call him as a witness at the trial, or who has made a statutory declaration a copy of which (1) A witness who is subject to the Act may be ordered by the proper service authority (a) the taking of an abstract of evidence by an order under the hand of the
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(b) a trial by court-martial by an order under the hand of an officer authorized to convene a court-martial or of a staff officer on his behalf or, after the (3) The summons referred to in paragraph (2) shall, when it relates to the taking of an abstract of evidence, be in Form IV in the First Schedule, and when it relates to a trial by court-martial it shall be in Form III in the Fourth Schedule, and shall be served on the witness either personally or by leaving it with some person at the witness’s normal place (4) At the time of service of the summons referred to in paragraph (2) of this rule there shall be paid or tendered to the witness a sum in respect of his reasonable expenses in respect of journeying to, attending at and returning from the taking of the abstract of Provided that for the purpose of this paragraph the tender of a warrant or voucher entitling the witness to travel free of charge shall be deemed to constitute tender of his (5) Section 95 of the Act applies in relation to proceedings at the taking of an abstract of evidence as it applies in relation to proceedings at a court-martial as though the words “officer taking the abstract of evidence” were substituted for the words “president of the (a) the proceedings shall be recorded in writing in accordance with the appropriate form set out in the Fourth Schedule of these Rules and in sufficient detail to enable the confirming officer to follow the course of the (b) when there is no shorthand writer present, the evidence shall be taken Provided that, if the court, the judge advocate, the prosecutor or the (c) when an objection, submission or application is made during a trial at which there is no shorthand writer, a record shall be made of the proceedings relating to such objection, submission or application if and in such detail as Provided that if the prosecutor or accused so requests a note shall be made of the objection, submission or application, the grounds therefor, the advice (d) when any address by the prosecutor or the accused or summing up of the judge advocate is not in writing and there is no shorthand writer present, it shall only be necessary to record as much of such address or summing up Provided that if the prosecutor or accused so requests a note shall be made (e) there shall not be recorded in the record of the proceedings any matter not forming part of the trial; but, if any comment or report seems to the court to be necessary, the president may forward it to the proper service authority in
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203 [Issue 1] (1) Subject to paragraph (2) of this rule, any document or thing admitted in evidence (2) When an original document or book is produced to the court by a witness, the court may at the request of the witness compare a copy of it or an extract of the relevant parts therefrom with the original, and after they have satisfied themselves that such copy or extract is correct and the judge advocate has certified thereon that the court has compared it with the original and found it correct, the court may return the document or book to the witness and attach the copy or extract to the record of the proceedings as an (a) be marked with a number or letter and be signed by the judge advocate or have a label bearing a number or letter and the signature of the judge (b) be attached to or kept with the record of proceedings unless in the opinion of the court having regard to the nature of the exhibit or for other good (4) When an exhibit is not attached to or keparagraph (3)(b) the president shall ensure that proper steps are taken for its safe 92. Custody and inspection of record of proceedings during trial (1) During a trial the record of proceedings and the exhibits shall be deemed to be in the custody of the president, save when he has withdrawn from the court in accordance (2) With the permission of the court, the prosecutor or the accused may at any reasonable time before the trial is concluded have a particular part of the record of the proceedings read to him and, if proper precautions are taken for its safety, inspect any 93. Confirmation and promulgation (1) When a confirming officer receives the record of the proceedings of a court-martial and the finding of the court requires confirmation he shall record, in the appropriate form set out in the Fourth Schedule to these Rules, his decision with regard to the proceedings, and any sentence and any order which the court may have made under section 104 of the Act, on the record of the proceedings; and such record of his decision shall form part of (2) When a court have accepted a plea of guilty made under rule 40(2) the confirming officer may confirm their finding, notwithstanding that the court have accepted the plea if in the opinion of the confirming officer it is in the interests of justice to do so. (3) When a court have rejected a plea to the jurisdiction of the court or a plea in bar of trial or have overruled an objection to a charge it shall not be necessary for the confirming officer to approve specifically the decision of the court, but his approval shall be implied from his confirming the finding on the charge to which the plea or objection relates. If he disapproves the decision of the court to reject the plea or to overrule the objection, he shall withhold confirmation of the finding on the charge to which the plea or objection
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but if he withholds confirmation, where a court have rejected a plea to the jurisdiction or a plea in bar of trial or have overruled an objection to the charge, because he disapproves this decision of the court, he shall when recording his decision under paragraph (1) of this (5) If the sentence of a court-martial is informally expressed, the confirming officer may in confirming the sentence vary the form thereof so that it shall be properly (6) Whenever it appears there is sufficient evidence or a plea of guilty under paragraph (1) or paragraph (2) of rule 40 of these Rules to justify the finding of the court, such finding and any lawful sentence consequent thereon may be confirmed, and if confirmed shall be valid, notwithstanding any deviation from these Rules, if the accused (7) (a) When a confirming officer has confirmed a finding and sentence of a court or has withheld confirmation thereof he shall send the record of the proceedings to the commanding officer of the accused for promulgation to the accused of the finding and (b) The fact of promulgation shall be recorded on the record of the proceedings in the (c) If confirmation has been withheld because the confirming officer disapproves the court’s decision to reject a plea to the jurisdiction or a plea in bar of trial or to overrule an (1) The proceedings and decision of a court on revision shall be recorded on the record of the proceedings in the appropriate form set out in the Fourth Schedule to these Rules, and the president shall date and sign such record and decision and return it to the (2) When an accused is acquitted on communicated to the accused in such manner as may be specified by the confirming (1) If before confirmation the whole or any part of the original record of the proceedings of a court-martial is lost and a copy exists, such copy may, if the president or (2) If before confirmation the whole or any part of the original record of the proceedings of a court-martial is lost and no copy thereof exists, but evidence of the proceedings of the court can be procured to enable the record or part thereof which has been lost to be reconstituted sufficiently to permit the confirming officer to follow the course of the proceedings and to judge the merits of the case, the record as so reconstituted may be accepted and used in lieu of the original if the judge advocate Provided that where part only of the original record of the proceedings of a court-martial has been lost, and the part which remains is sufficient to enable the confirming officer to follow the course of the proceedings and judge the merits of the case, such remaining part may be accepted and used as if it were the complete record if the judge advocate certifies it to be an adequate record, and in such case it shall not be necessary
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205 [Issue 1] (3) If before confirmation the whole or any part of the original record of proceedings of a court-martial is lost and such loss cannot be made good under either paragraph (1) or paragraph (2) of this rule, the confirming oIf after confirmation the whole or any part of the original record of the proceedings of a court-martial is lost and a copy thereof is certified by the president or judge advocate to be correct, or a sufficient record of the charge, finding, sentence and proceedings before the court and of the confirmation of the finding and sentence remains or can be reconstituted to permit of the case being reviewed or the sentence reconsidered, such copy or reconstituted record or remaining part of the record may be accepted and used in lieu of OF PROCEEDINGS For the purposes of section 114(1) of the record of the proceedings of a court-martial shall be kept in the custody of the The rate at which copies of the record of the proceedings of a court-martial shall be supplied in accordance with section 114(2) and (3) of the Act shall be the estimated cost (1) If an accused who has been sentenced by a court-martial wishes to petition before confirmation against the finding or sentence or both, he shall present a petition to the (2) (a) If an accused who has been sentenced by a court-martial wishes to petition after confirmation against the finding or sentence or both, he shall present a petition to the reviewing authority in the appropriate form set out in the Seventh Schedule to these Rules. (b) For the purposes of section 106 of the Act the prescribed time within which a petition may be presented to the reviewing authority after confirmation shall be six months (3) (a) If an accused who has been sentenced by a court-martial wishes to petition at any time after promulgation against the sentence, he shall present a petition to the Commander for the reconsideration of the sentence under section 106 of the Act in the (b) For the purposes of section 112(2) of the Act the prescribed intervals at which a sentence of imprisonment is to be reconsidered shall be intervals of not more than six months, provided that a sentence of less than one year but of or exceeding three months is to be first reconsidered not later than at the completion of half the sentence, excluding (4) In any of the circumstances specified in the first column of Part II of the Seventh Schedule to these Rules a petition under paragraph (2) or paragraph (4) of this rule which is presented to the person specified in relation to those circumstances in the second column of that Schedule shall be treated as having been presented to the authority to
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A notice under paragraph (iii) of the proviso to section 93(2) of the Act requiring that oral evidence shall be given in lieu of a statutory declaration shall be in the appropriate (1) Where in the opinion of the officer who is or would be responsible for convening a court-martial to try the accused or, if he is not available, of the senior officer on the spot, the exigencies of the service render compliance with all or any of the provisions of the rules mentioned in paragraph (4) of this rule impracticable, he may make a declaration to (2) A declaration made under paragraph (1) of this rule by the senior officer on the spot shall be forwarded by him as soon as possible to the officer who is or would be (3) When a declaration has been made under paragraph (1) of this rule it shall not be necessary to comply with any provision of these Rules which is mentioned in that (4) The provisions of these Rules in respect of which a declaration may be made (a) rule 18 in so far as it provides that the documents specified therein must be given to the accused not less than twenty-four hours before the appropriate (b) rule 24, paragraphs (2) and (3) and paragraph (4) in so far as it provides that the documents specified therein shall be given to the accused not less (5) If an accused is brought to trial by court-martial or is dealt with summarily by an appropriate superior authority any declaration which has been made in his case under paragraph (1) of this rule shall be attached to the record of the proceedings of the court-(1) When in the opinion of the officer who is or would be responsible for convening a court-martial to try the accused, or if he is not available of the senior officer on the spot, a charge-sheet, abstract of evidence or other document which, or a copy of which, is required under these Rules to be given to an accused contains information the disclosure of which would or might be directly or indirectly useful to an enemy, he may make a declaration to that effect in the appropriate form set out in the Fourth Schedule specifying (2) A declaration made under paragraph (1) by the senior officer on the spot shall be forwarded by him as soon as possible to the officer who is or would be responsible for (3) When a declaration has been made under paragraph (1) of this rule it shall not be is given a proper opportunity to inspect such document while preparing and making his (4) If an accused is brought to trial by court-martial or is dealt with summarily by an appropriate superior authority any declaration which has been made in his case under paragraph (1) shall be attached to the record of the proceedings of the court-martial or to
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207 [Issue 1] (1) In any case where these Rules provide for a person to make, read or sign any son is illiterate, or otherwise incapacitated, (a) may be written down for him; (b) shall be read over to him in a language which he understands; (c) shall have his signature, mark or thumbprint affixed to it; and (d) shall be endorsed with a certificate by the person assisting him to the effect that this rule has been complied with and that he is satisfied that such illiterate or incapacitated person has understood the contents of that (2) The certificate referred to in paragraph (1) of this rule shall identify the person giving it by name, and number, rank and unit where appropriate, or address, as the case A deviation or omission from a form or form of words set out in a Schedule to these Rules shall not, by reason only of such deviation or omission, render any document, act or In any case not provided for by these Rules, such course shall be adopted as appears
Part I. Delay Report. Part II. Abstract of evidence. Part III. Certificate to be attached to an abstract of evidence after it has been handed to the accused. Part IV. Summons to a witness to attend
Unit Address ……………………………………………. Telephone: …………………………………………….To: ……………………………………………………………. ……………………………………………) ……………………………………………………………………………………………………………………………………………… EIGHT DAY DELAY Number, Rank, Name of accused …………………………………………………………………………………… ………………………………………………………………………………………..Date placed in arrest ……………………………………………………………………………………….., 20 …………
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………………………………………………………… ………………………………………………………… ………………………………………………………… ………………………………………………………… ………………………………………………………… ………………………………………………………… ………………………………………………………… ………………………………………………………… ………………………………………………………… ………………………………………………………… …………………………………………………………
The reasons for his retention in arrest are ………………………………………………………………………..was taken on …………………………………………………………, 20 ……….has not yet been taken because ………………………………………………was consulted on ………………………………………………….., 20 …………….has not yet been consulted because ……………………………………………………………………………………………………………………………………………….. was received on ………………………………………………, 20 ………..is being taken on the Ahas not yet been fixed. has been fixed as …………………………………………………………….., 20 …………….. Reasons for delay since last report ……………………………………………………………………………….Date ……………………………………., 20 ………………….. 1. Insert “1st”, “2nd”, “3rd”, “Final” or as the case may be. 2. Strike out words not applicable.
Abstract of evidence in the case of ……………………………………………………………………………….) consisting of the ……………………………………………………………………….(insert the number of statements) attached statements and ……………………………………………………….
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209 [Issue 1] (insert the number of précis) précis of evidence of witnesses for the prosecution and complied by me (the commanding officer of the accused) (………………………………………………………………..direction of the commanding officer of the accused). Signature and rank) ………………………………………………………… 1 Strike out any reference to statement 2 Insert name and rank of the officer making the abstract.
TO AN ABSTRACT OF EVIDENCE AFTER IT HAS BEEN HANDED TO THE ACCUSED
Certified that I ………………………………………………………………………………………….the accused …………………………………………………………………………………….relating to him dated ………………………………………………..day of ……………………………….. 20 ………..,and duly cautioned him in accordance with Rule 9(2) and that he (elected to make and sign the statement dated the ……………………………………………………………………………………………..day of ………………………………………. 20 …………………, which is marked ………………………….) ………………………………………………………… 1 Insert rank, name and unit of officer signing the certificate 2 Insert number, rank, name
ATTEND THE TAKING OF AN ABSTRACT OF EVIDENCE
WHEREAS a charge has been preferred against ………………………………………………………………….of the evidence to be taken at ………………………………… on the …………………….. day of ………………………………., 20 ………… 1969, and rule 89 of the Armed Forces Rules of Procedure, 1969, made thereunder YOU ARE HEREBY SUMMONED and required to attend, as a witness, the taking of the said abstract of evidence at …………………………………………………………….. on the …………………….. day of ………………………………., 20 …………at ………………….. o’clock in the …………………………………. noon and
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……………………………………………………………………………………………………Given under my hand at ………………………….. on the …………………….. day of …………………………20 ………………. ………………………………………………………………….. 1 Insert name and address of the person 2 Insert the number, rank, name and unit of the accused. 3 Insert the place where the abstr 4 Specify the documents (if any) which the witness is to bring. If the witness is not required to
Part I. Commencement of a charge-sheet. Part II. Statement of offences. Part III. Illustrations of charge-sheets.
1. The accused ……………………………………………………………………… (number, rank, name and unit)(an officer) (a serviceman) of the Armed Forces being subject to the Armed Forces Act,1968 under section 7(a) of that Act, is charged with— 2. The accused ……………………………………………………………………… (number, rank, name and unit) section 184 of the Armed Forces Act, 1968, 7(b) of that Act, is charged with— 3. The accused …………………………… (name and unit in which employed) a person serving with theArmed Forces under an engagement whereby he agrees to be subject to the Armed Forces Act, 1968, while so serving, being subject to that Ac
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211 [Issue 1] 4. The accused ……………………………….. (number, rank Constabulary, being subject to the Armed Forces Act, 1968, under section 8(1) of that Act, is 5. The accused ………………………………………………………………………………………….. (name)employed in the service a unit on active service, being subject to the Armed Forces Act 1968, under section 9(1) of that Act, is 6. The accused ……………………………………………………………… (number, rank, name and unit)) unit)section 11(2) of the Armed Forces Act 1968, to a unit of the Armed Forces being subject to that Act under section 11(1)(b) of that Act, is 7. The accused …………………………………………………………………………………………… (name(number, rank and unit if applicable) an officer a serviceman of the Armed Forces a reservist a person a member of the Armed Forces Constabulary 7(a) 7(b) Act 1968, under section 7(c) 8(1) 9(1) of that Act, now liable to trial by court-martia
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SECOND SCHEDULE—continued PART II – STATEMENTS OF OFFENCES TREACHERY, COWARDICE AND OFFENCES ARISING OUT OF SERVICE
(a) (a) (b) (b) (c) (c) (d) (d) (e) (e) (f) (f) (g) (g) (h) With intent to assist the enemy, contrary to (h) of the Armed Forces Act 1968. (a) (b) (2) Knowingly and without lawful excuse doing an act specified in of section 14(1) of the Armed Forces Act, 1968, contrary to section 14(2) of the said Act. (f) (g) capture (3) Negligently causing the destruction by the enemy of aircraft belonging to the armed forces, contrary to section 14(3) of the Armed (1) Communicating with the enemy contrary (1) of the Armed (2) Giving intelligence to to section 15 (2) Forces Act, 1968. (a) (1) (b) (c) of the Armed Forces Act, 1968. Misconduct by a person in command with intent to assist the enemy contrary (d) (e) (2) Misconduct by a person in command otherwise than with intent to assist the enemy contrary to Misconduct by a person not in command (with intent to assist the enemy) contrary to section 17 of the Armed Forces Act, 1968. (a) (b) Cowardice before the enemy contrary to section 18(1) (c) of the Armed Forces Act, 1968. (2) Inducing cowardice before the enemy contrary
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213 [Issue 1] Neglecting to perform Negligently performing (a) Spreading reports relating to operations calculated to create despondency or unnecessary (b) When before the enemy using words calculated to create despondency or unnecessary alarm contrary to section 20(b) of the Armed Forces Act, 1968. (1) Being captured through disobedience or wilful neglect contrary to section 21(1) of the Armed Failing to take (2) Preventing a person from Discouraging taking reasonable steps after capture to rejoin the armed forces contrary to section 21(2) of the Armed Forces Sleeping at his post when on guard duty or watch contrary to section 22(1)(a) Sleeping when on guard duty or watch contrary to Drunkenness when on guard duty or watch contrary to Leaving his post Absenting himself when on guard duty or watch contrary to section 22(1)(d) of the Armed Forces Act, 1968. Striking Using force against Compelling a person on guard duty or watch to let a person pass contrary to (a) (a) (b) Looting contrary to section 23 (b) of the Armed Forces Act, 1968. (c) (c) person property of a member of a civil population outside Kenya contrary to section 24 of the contrary to section 25(1)(a) of the Armed Forces (1) (b) Incitement to mutiny contrary to section 25(1)(b) of the Mutiny Incitement to mutiny contrary to section 25(2) of the Armed Forces Act, 1968. (a) Failing to suppress or prevent mutiny contrary to section 26(a) of the Armed Forces Act, 1968. (b) Failing to report mutiny contrary to section 26(b) of the Armed Forces Act, 1968.
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Striking (a) Using violence against Offering violence to his superior officer contrary to section 27(a) of the Armed threatening (b) Using insubordinate language to his superior officer contrary to section 27(b) of (1) Disobeying a lawful command with wilful defiance of authority contrary to section 28(1) of the (2) Disobeying a lawful command contrary to a provost officer a duty officer an officer of the a provost officer a duty officer authority under or on an officer of the patrol contrary to section 29(a) of the Armed a provost officer a duty officer an officer of the a provost officer a duty officer authority under or on an officer of the patrol contrary to section 29(b) of the Armed (1) Disobedience to standing orders contrary to section 30(1) of the Armed Forces Act, 1968. (1) (a) Desertion contrary to section 31(1)(a) of the Armed Forces Act, 1968. Persuading Procuring a person to desert contrary to section 31(1)(b) of the Armed Forces (a) Absence without leave contrary to section 32(a) of the Armed Forces Act, 1968. Persuading Procuring a person to absent himself without leave contrary to section 32(b) of the (a) Assisting a person to desert or absent himself contrary to section 33(a) of the Armed Forces report without delay a deserter or absentee (b) Failing to take steps to cause the a person attempting to desert contrary to section 33(b) of the Armed Forces Act, 1968. Failing to attend for a service duty Leaving a service duty without permission contrary to section 34 of the Armed Forces
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215 [Issue 1] (a) (b) (c) Malingering contrary to section 35 of the Armed Forces Act, 1968. (1) Drunkenness contrary to section 36( Fighting Quarrelling with another person contrary to secti words behaviour OFFENCES RELATING TO PROPERTY Stealing Fraudulently misapplying Being concerned in the stealing of fraudulent public property contrary to section 38(a) of the Armed Receiving Retaining public property contrary to section 38(b) of the Armed Forces Act, 1968. Wilfully damaging Being concerned in the public property contrary to section 38(c) of the Armed Forces (d) By wilful neglect damaging public property by fire contrary to section 38(d) of the Armed Stealing Fraudulently misapplying Being concerned in the Conniving at property contrary to section Receiving Retaining Wilfully damaging Being concerned in property contrary to section 39(c) of the captured lost Wilfully causing destroyed Negligently allowing stranded hazarded
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an aircraft contrary to (a) (a) Being concerned in an improper a ship section 41 (b) (b) transaction involving the use of a vehicle of the Armed Forces Act, 1968. public property a contrary to section 42(a) of the Losing Negligently damaging his equipment contrary to section 42(b) of the Armed Forces (c) Negligently damaging public property by fire contrary to section 42(c) of the Armed Forces Act, an animal (d) Neglect of a bird contrary to section 42(d) of the Armed Forces Act, 1968. Making away with contrary to section 42(e) of the Armed obtaining (a) Unlawfully ordering a person to obtain procuring billets contrary to section 43(a) of (b) Corruption in relation to a billeting order contrary to section 43(b) of the Armed Forces Act, Committing an offence against a person property Damaging Damaging property in his billet contrary to section 43(c) of the Armed Forces Act, 1968. (a) Unlawful requisitioning contrary (a) (b) to section 44(1) (b) of the Armed Forces Act, 1968. (1) (c) Corruption in relation to a requisitioning order contrary to section 44(1)(c) of the Armed OFFENCES RELATING TO FLYING flying the use of Wilfully doing an act aircraft making an in Negligently omission aircraft relation to aircraft material causing loss of life bodily injury likely to cause loss of to a person contrary to section 45 of the Armed life or bodily injury Unlawful low flying contrary to section 46 of the Armed Forces Act, 1968.
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217 [Issue 1] Flying an aircraft in a manner causing or likely to cause unnecessary annoyance to a person an investigation (1) (a) Delaying a trial contrary to section 48(1)(a) of he Armed Forces Failing to release a person in arrest contrary to section 48(1)(a) of the Armed Forces Failing to report the offence been placed in custody contrary to Failing to give in writing information relating to a person committed to his charge as a (3)(b) of the Armed Forces Act, 1968. Wilfully allowing a person to escape contrary to section 49(1) of the Armed Forces Act, (2) (a) Releasing a person without authority contrary to section 49(2)(a) of the Armed Forces (2) (b) Allowing a person to escape contrary to section 49(2)(b) of the Armed Forces Act, Refusing to obey an officer who orders him into Striking arrest contrary to section 50(1) Using violence againstof the Armed Forces Act, 1968. Offering violence to Striking whose duty it is (2) Using violence against a person to apprehend him Offering violence to in whose custody he is contrary to section 50(2) of the Armed Escaping from custody contrary to se (a) (a) (b) (b)(c) in contempt of a court- (c) (d) contrary to section 52(1) (d) (e) (e) (f) (f) of the Armed Forces Act, 1968. (1) Making a false statement contrary to sePreventing a person in executing a warrant of arrest Obstructing contrary to section 54(a) of the Armed Forces Act, 1968. Preventing a person in making a laObstructing section 54(b) of the Armed Forces Act, 1968.
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(a) Being in an aircraft the High Court command of a ship a prize court all papers found on board an aircraft contrary to section 55(a) of (b) Being in an aircraft unlawfully making an command of a ship agreement for the a ship ransoming of goods taken as a prize contrary to section 55(b) of the Armed Forces Act, 1968. (c) Being in an aircraft by agreement restoring command of a ship by collusion abandoning an aircraft a ship goods taken as a prize contrary to section 55(c) of the Armed Forces Act, 1968. (a) III-treating a person on board an aircraft Unlawfully taking a thing a ship from the possession of taken as a prize contrary to section 56(a) of the Armed Forces Act, 1968. (b) Removing out of taken as a prize any goods not lawfully adjudged to be a prize contrary to section 56(b) of the Armed Forces Act, (c) Fraudulently breaking an aircraft taken as a prize contrary to section 56(c) of the Armed Forces Act, 1968. Promoting (a) Being a member of Taking part in the activities a political association contrary to section 57(a) of the Armed (b) Expressing political views in a public place contrary to section 57(b) of the Armed Forces Act, (c) Addressing a meeting Joining in a demonstration association contrary to object section 57(c) national of the Armed Making a false answer on enlistment contrary
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219 [Issue 1] obtain leave contrary to section 59 of the Armed (a) Making an aircraft Signing aircraft material without ensuring its accuracy (b) Making the seagoing Signing the fighting efficiency of a ship without ensuring its accuracy contrary to section 70(b) of the Armed Making (a) Signing Making a false entry in a service document contrary to section 61(a) of the Armed Altering Altering an entry in (b) Making away with Suppressing Defacing a service document contrary to section 61(b) of the Armed (c) Failing to make an entry in a service document so that it is to his knowledge false contrary to Scandalous conduct unbecoming the character of an officer contrary to section 62 of the Striking a person of inferior rank contrary to section 63 of the Armed Forces Ill-treating less seniority Disgraceful conduct of (a) Making a false accusation contrary to s Attempting to commit a service offence contrary to section 66 of the Armed Forces Act, 1968, Aiding, abetting, counselling or procuring Conniving at the commission of a service offence contrary to section 67 of the Armed Forces Act, 1968, that is to say (set out the
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An act Conduct Neglect to the prejudice of good order and service discipline contrary to section 68 of the Committing a civil offence contrary to section 69(1) of the Armed Forces Act, 1968, that is to say
The accused, No. 1234567 Lance-Corporal Peter Ohoo of 1st Battalion Kenya Rifles, a serviceman of the Armed Forces, being subject to the Armed Forces Act, 1968 under section 7(a) of at Nanyuki on 1st January, 1969, received a pair of binoculars, public property, knowing or having Nanyuki, Commanding 1st Battalion Kenya Rifles,Nairobi, A. NGATIA, Brigadier.1. The order for trial may be signed by a staff officer as “an officer authorized to sign for” the Chief of defence Staff or the Commander Kenya (Air Force) (Army) (Navy) as the case may be—second illustration Charge Sheet. However, such an officer must be at least of the rank of major or corresponding rank and must have written authority from the Chief of General Staff personally to sign such orders either on behalf of the Chief of General Staff or on behalf of any The accused, No. 2345678 Corporal James Munyao, a reservist called out under section 184 of the Armed Forces Act, 1968, being subject to that Act under section 7(b) of that Act and Paul
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221 [Issue 1] formerly No. 3456789 a Private of the 2nd Battalion Kenya Rifles, a serviceman of the Armed rces Act, 1968, under section 7(a) of that Act, now liable to trial COMMITTING A CIVIL OFFENCE CONTRARY TOat Nairobi on 1st January, 1969, assaulted Julius Mwenda, thereby occasioning him actual bodily RIOR OFFICER, CONTRARY TO at Nakuru on 2nd January, 1969, used violence against No. 4567890 Sergeant JUSING INSUBORDINATE LANGUAGE TO HIS SUPERIOR OFFICER, CONTRARY TO SECTION at Nakuru on 2nd January, 1969, said to Nooki, who was then his superior officer, when asked by the said Sergeant for his (the accused’s) particulars “Push off and J. NDUNDA, Lieutenant-Colonel. Nakuru, Commanding 2nd Battalion Kenya Rifles, To be tried by Court-martial A. MACHARIA, Major An officer authorized to sign for Nairobi, the Chief of Defence Staff. 1. See note 1 to Charge-Sheet (i) above.
()RECORD OF PROCEEDINGS, BEFORE AN APPROPRIATE SUPERIOR AUTHORITY Accused’s number, rank and name ………………………………………………………………………………….. 1. Questions to be put to the accused by the officer dealing with the case before the charge is Q. Have you received a copy of the charge-sheet and abstract of evidence not less than 24 A. …………………………………………………………………………………………………………..
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Q. Have you had sufficient time to prepare your defence? A. ………………………………………………………………………………………………………………………………. 2. The officer dealing with the case shall then read the charge(s) to the accused and ask him the Q. Have you agreed in writing that the witnesses against you need not give their evidence in A. ………………………………………………………………………………………………………….. 3. If the accused has agreed in writing that the witnesses against him need not give their evidence in person the officer dealing with the case shall read the abstract of evidence to the accused if the accused so requires but, if the accused has not so agreed, the witnesses against him shall give their evidence in person and it shall be recorded on a separate sheet and be attached to 4. After the abstract of evidence has been read or the witnesses against the accused have given Q. Do you wish to give evidence on oath or to make or hand in a statement without being A. ………………………………………………………………………………………………………….. Q. Do you wish to present any A. ………………………………………………………………………………………………………….. 5. If the accused elects to give evidence or to make a statement or to call witnesses the evidence for the defence including any statement made by the accused himself shall be recorded on a separate sheet and attached to this record. The officer dealing with the case shall then: (i) consider all the evidence and determine whether the accused is guilty of the offence or not, and (ii) if he determines that the accused is guilty, examine and consider the accused’s record of service. If he intends to award the punishment of forfeiture of seniority of rank, a fine or stoppages or in the case of a civilian a fine, he shall not announce and record his finding unless Q. Will you accept my award or do you elect to be tried by court-martial? A. ………………………………………………………………………………………………………….. 6. Finding ……………………………………………………………………………………………………. Award ………………………………………………………………………………………………………..(Date) …………………………………………………………
PART I Convening order. PART II Declarations under rules 101 and 102. PART III Summons to a witness to attend at a Court-martial. PART IV Notices requiring oral evidence to PART V Record of proceedings of a Court-martial. PART VI Findings. PART VII Record of reconsideratioPART VIII Serving record of Accused.
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223 [Issue 1] PART IX Record of proceedings on PART X Confirmation. PART XI Determination by a confirming officer or reviewing authority of a suspended sentence, PART XII Restitution order. PART XIII Promulgation.
ORDERS BY…………………………………………….. Commanding …………………………………………….. (Place and date) ………………………………………… oned below will assemble at ……………… …………………………………………………. at …………………….. hours on the ……………………………… day of …………………………… 20 ……………. for …………………………………… the purpose of trying by a Court-martial the accused person(s) named An officer of the rank of major or above having suitable qualifications is not in the opinion of the ue regard to the public service.* in an envelope marked confidential to ………………………………………………………………………….. Signed this ………………………………………………….. day of………………………………………………… 20 …………………..
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1. Insert rank and name of convening officer. 2. Insert number, rank, name and unit of the accused. These particulars must agree with his 3. A member or a waiting member should
In the case of …………………………………………………………………………………………………………………. I ……………………………………………….. (the officer who (is) (would be) responsible for convening a court-martial to try the accused) (the senior officer on the spot) hereby declare that in my opinion the following exigencies of the service, namely …………………………………………………………………….ons of the Armed Forces Rules of Procedure— (paragraphs (b), (c) and (d) of rule 24(4))* Signed at ………………………….. this …………………………………… day of …………………….., 21. Insert number, rank, na2. Insert rank, name and appointment
In the case of …………………………………………………………………………………………………………………. I ……………………………………………….. (the officer who (is) (would be) responsible for convening a court-martial to try the accused) (the senior officer on the spot) hereby declare that in my opinion contain(s) information the disclosure of which would or might be directly or indirectly useful to an Signed at ………………………….. this …………………………………… day of …………………….., 2 1 Insert number, rank, name 2 Insert rank, name and appointment 3 Here indicate the document(s).
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225 [Issue 1] FOURTH SCHEDULE—continued PART III – SUMMONS TO A WITNESS TO ATTEND AT A COURT-MARTIAL
To ……………………………………………… ordered to assemble at …………………………………………) (hasassembled at …………………………………) on the ………………………………… day of …………………………,20……………….., for the trial of ………………………………………………………………………………………………:Pursuant to section 228 of the Armed Forces Act, 1968 and rule 89 of the Armed Forces Rules of Procedure, 1969 made thereunder YOU ARE HEREBY SUMMONED and required to attend as a witness at the sitting of the said Court at ………………………………. on the ………………………………..day of ……………………………….., 20 ………………, at …………………. o’clock in the ……………. ………………………………………and so to attend from day to day until you shall be duly discharged: whereof you shall fail at your Given under my hand at ……………………………………… on the …………………….. day of ……………..20……………….. …………………………………………………………………………………………….. …………………………………………………………………… an officer authorized to convene a court-martial.* 1 Insert name and address of the person 2 Here enter number, rank, name and 3 Specify the documents which the witness is to bring. The words relating to documents should 4 Insert the appointment of the staff officer. 5 Insert appointment of officer for whom the staff officer is signing.
DENCE TO BE GIVEN IN LIEU OF A STATUTORY DECLARATION
To ……………………………………………………………………………………………………………. Commanding ………………………………………………..hat ……………………………………………………. shall give oral evidence
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ration dated ……………………………………………. at your forthcomingSignature and rank) ………………………………………………………… To ……………………………………………………………. Commanding ………………………………………………..I ……………………………………. hereby give notice that I require that…………………………………………………………………… shall give oral evidence in lieu of (his) (her) statutory declaration dated ……………………………………….at my forthcoming trial by Court-martial. ………………………………………………………………….. …………………………………………. 1 Insert number, rank, name 2 Insert rank and name of commanding officer. 3 Insert unit. 4 Insert name of witness.
Proceedings of a Court-martial held at ……………………………………….. on the ……………………………day of ……………………………….., 20 ………………, by order of ……………………………………………. (Chiefa (Air Force) (Army) (Navy)) ……………………………………………….dated the ……………………………………………………. day of ………………………………………….., 20 …………Trial of ……………………………………………………………………………………………………….The court comply with Rule of Procedure 25. not being available owing to ……………………………………………………………………………………………………………………………………… the president appoints …………………………………………………
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227 [Issue 1] Prosecutor ……………………………………………………………………………………………………..Defending (officer) (counsel) …………………………………………………………………………………….At ……………………………………………………………………………………………………. hours thg of the accused, marked ………………………….. signed byThe names of the president and meQ. Do you object to being tried by me as president, or by any of the officers whose names you A. ………………………………………………………………………………………………………….. 1 Insert number, rank, name and unit of 2 Strike out if not applicable. The president, members of the Court ction (listed on page ……………………………….) are duly sworn.Q. Do you object to ……………………………………………………………………………… as shorthand wri A. ………………………………………………………………………………………………………….. …………………………………………………………………………………… is duly sworn as shorthand wrQ. Do you object to ……………………………………………………………………………………… as inte A. ………………………………………………………………………………………………………….. ……………………………………………………………………………………………. is duly sworn as inThe accused offers a plea to the jurisdiction under Rule of Procedure 35. The proceedings relating to his plea are recorded on page ………………………………………………………………………….The accused objects to the ………………… charge(s) relating to his objection(s) are recorded on page ……………………………………… 37 in respect of the ………………………………………………….. charge(s). The proceedings relating ………………………… The accused ………………………….. applies under Rule of Procedure 38 to be tried separately. Theation are recorded on page …………………….. ocedure 39 to have charges ……… and ………………………….to his application are recorded on page……………………… 1 If there is an objection the proceedings relating to it should be recorded on a separate numbered page and the fact that this has been done should be recorded in this space with the 2 Strike out if not applicable.
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ARRAIGNMENT The charge-sheet is signed by the president and inserted in the record immediately before this page, as page(s) ………………………………………………………………………………………………..Q. Are you guilty or not guilty of the firs A. …………………………………………………………………………………………………………..Q. Are you guilty or not guilty of the sec A. …………………………………………………………………………………………………………..Q. Are you guilty or not guilty of the thir A. …………………………………………………………………………………………………………..Q. Are you guilty or not guilty of the fourth A. …………………………………………………………………………………………………………..Q. Are you guilty or not guilty of the fifth charge against you, A. …………………………………………………………………………………………………………..Q. Are you guilty or not guilty of the sixt A. ……………………………………………………………………………………………………………The accused pleaded guilty to the ………………………………………………………………………………………………. charge(s)in respect of this (these) charge(s). 1 Strike out “first” if there is only one charge. 2 Strike out if not applicable. Q. Are you guilty or not guilty of the sevent A. ……………………………………………………………………………………………………………Q. Are you guilty or not guilty of the eighth A. ……………………………………………………………………………………………………………Q. Are you guilty or not guilty of the nint A. ……………………………………………………………………………………………………………Q. Are you guilty or not guilty of the tent A. ……………………………………………………………………………………………………………Q. Are you guilty or not guilty of the elevent A. ……………………………………………………………………………………………………………Q. Are you guilty or not guilty of the twelfth A. …………………………………………………………………………………………………………… 1 Strike out if not applicable. PROCEEDING ON PLEA(S) OF NOT GUILTYQ. Do you wish to apply for an adjournment on the ground that any of the rules relating to procedure before trial have not been complied with, and that you have been prejudiced thereby,
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229 [Issue 1] A. ……………………………………………………………………………………………………………The prosecutor (makes an opening address shortly outlining the facts) (makes an opening he president, marked …………………………………….. and attached toIf the accused asks for an adjournment, the proceedings relating to his application should, if (first witness for the prosecution) (continued on page ……………..)ed” should be substituted for the words “being duly sworn”, and when a witness is a child who is too young to give evidence on oath the words PROCEEDINGS ON PLEA(S) OF NOT GUILTYThe accused submits under Rule of Procedure 57 that there is no case for him to answer in respect of the ………………………………………………………………………………………………………………………………………………………………… charge(s). The proceedings are recorded on pages ………………………………. Q. Do you apply to give evidence yourself on oath or do you wish to make a statement without A. ……………………………………………………………………………………………………………Q. Do you intend to call any other A. ……………………………………………………………………………………………………………Q. Is he a witness as to fact or to character only? A. ……………………………………………………………………………………………………………Q. Do you wish to make an opening address? A. …………………………………………………………………………………………………………… (makes an opening address which is summarized below) (hands in a written the President, marked …………………………………………………….. and 1 Remove this page if there are no pleas of not guilty. 2 Strike out if the accused does not intend to(Where the accused makes a statement without being sworn).
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recorded on page ……………………) (hands in a writtenstatement which is read, marked ………………………………….. (continued on page ……………..) 1 Strike out this paragraph if not applicable. 2 When a witness or the accused affirms, the for the words “being duly sworn” and when a witness is a child who is too young to give evidence on oath, the words “without being sworn” should be substituted for the words “being PROCEEDINGS ON PLEA(S) OF NOT GUILTYThe ……………………………….. (makes a closing address which is summarized on page ……………..)read, marked …………………………………, signed by the presidingThe ……………………………….. (makes a closing address which is summarised on page ……………..)read, marked …………………………………, signed by the presidingdge advocate is recorded on page ………………………………….The court close to deliberate on their finding(s). ……………………………………………………………………………………………………………………………………………. isANNOUNCEMENT OF FINDING(S) The finding(s) (is) (are) read and (with the exception of the finding(s) of “not guilty”) (is) (are) Signed at ………………………….. this …………………………………… day of …………………….., 2………………………………………………………………….. ………………………………………….Judge Advocate President 1 Strike out this page if not applicable. 2 Strike out if not applicable. 3 Insert number, rank, name and unit of 4 Set out the finding on each charge in the appropriate form set out in the Fourth Schedule to the
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231 [Issue 1] PROCEEDINGS ON PLEA(S) OF GUILTY …………………………………………………………………………………………………………………. is found guilty ofThe finding(s) (is) (are) read in open Court and (is) (are) announced as being subject to the Court by the prosecutor, marked ………………………………..,signed by the president and attached to the record) (the prosecutor informs the Court of the facts ce which is marked ………………………………………….. signed by the 1 Strike out this page if not applicable. 2 Insert the number, name, rank and unit 3 Record the finding on each charge of which the accused is found guilty in the appropriate form 4 Strike out if not applicable. If this paragraph is struck out, Rule of Procedure 44(2) must be PROCEEDINGS ON CONVICTION .—F.2 should be completed before F.1, if the accused has pleaded not guilty to all charges. F.1 should normally be completed before F.2 if the accused has pleaded guilty to any charge but the president may in his discretion complete F.2 before F.1 if there is no danger of the accused Q. Do you wish to give evidence yourself or to call other witnesses as to your character or in A. …………………………………………………………………………………………………………..The evidence for the defence as to the accused’s character and in mitigation of punishment is recorded on pages …………………………Q. Do you wish to address the court in mitigation of punishment? A. …………………………………………………………………………………………………………..The …………………………………………………. (makes an address in mitsummarized (below)(on page ………………………..)) (hands in an which is read marked ………………………………………………….., signed byThe list of offences which the Court have, at the request of the accused, agreed to take into marked …………………………………, signed by theQ. Is there anything further that A. …………………………………………………………………………………………………………..The accused makes a statement which is recorded on page ………………………………………………….The Court close to deliberate on sentence.*Strike out if F.1 completed before F.2. 1 Strike out this paragraph if not applicable. 2 Strike out this paragraph if the accused has not requested other offences to be taken into
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PROCEEDINGS ON CONVICTION .—F.2 should be completed before F.1 if the …… is duly swornQ. Do you produce the Service Record of the accused? A. I produce …………………………………………………………………………………………………..Q. Have you compared it with the service books? A. …………………………………………………………………………………………………………..Q. Do the entries in it correspond with A. …………………………………………………………………………………………………………..The ……………………………….. is read, marked …………………………………….. signed by the presidingThe accused (declines) (elects) to cross-examine this witness (and trecorded on pages …………………………………..). which is recorded on pages ….Q. Is there anything further you wish to say to the Court?* A. …………………………………………………………………………………………………………..The accused makes a statement which is recorded on page ………………………………………………….The Court close to deliberate on sentence.* 1 Strike out this paragraph if the prosecutor does not adduce evidence under Rule of Procedure The Court sentence the accused …………………………………………………………………………………… ………………………………………………………………………………………………………………ANNOUNCEMENT OF SENTENCE The sentence (and recommendation to mercy) (is) (are) announced in open court; the sentence Signed at ………………………….. this …………………………………… day of………………………, 2………………………………………………………………….. ………………………………………….Judge Advocate President 1 Remove this page if not applicable. 2 Insert accused’s rank, name, 3 Record the sentence in the appropriate form of words set out in the Fifth Schedule to the Rules of on to mercy (see Rule of Procedure 72(4)), restitution order (see section 104 of the Armed Forces, 1968), or order determining a suspended sentence and directing whether the sentences are to run concurrently or consecutively (see section 135 of the Armed 4 Strike out if not applicable.
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233 [Issue 1] For minutes of confirmation Fourth Schedule to Rules of Procedure. Promulgation should be recorded immediately below the minute of confirmation in accordance with Rule of Procedure
Not guilty of the…………………………… charge(s) but is guilty of the …………………………Not guilty of the ……………………………… of the ……………………………………… Guilty of the ……………………………….. charge (with the exception of the words ………………………….) (with the exception that ………………………………………………………harged but is guilty of ………………………………………………………………….No Finding on Alternative Charge Guilty of the ……………………………….. charge; the court record no finding on the ……………………………………………………………. (alternative charge). 1 Insert the number of the charge or 2 Specify the exception in detail. This form is appropriate when a special finding is made under 3 State the offence of which the accused is found guilty. This form is applicable when a special
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FOURTH SCHEDULE—continued PART VII – RECORD OF RECONSIDERATION OF FINDING UNDER RULE 78(5)
The Judge Advocate advises the court that the finding(s) on the ……………………………..(is) (are) contrary to the law relating to the case, and that in his opinion the following finding(s) (is) ………………………… The Court are closed for reconsideration of finding. ………………………………………………………….The finding(s) on reconsideration (is) (are) read in open court and (with the exception of the 1 Insert the number of charge as numbered in the charge-sheet. 2 Insert the advice given by the judge advocate. 3 Set out the finding(s) of the court in the appropriate form(s). 4 Strike out the words relating to findings of “not guilty” if there is no such finding.
No. …………………………………………………………….. Rank ……………………………………….Name …………………………………………………………………………………………………………..Unit …………………………………………………………… Trade ………………………………………. 1. The date of his enlistment is ………………………………………………………………………………… and he was commissioned on …………………………………………………………………………………….. 2. He is serving on a ………………………………………………………………………………………….. 3. His present age is ………………………………………………………………………………………….. married 4. He is unmarried and has ……………………………………………………………. children under divorced the age of 16 years. 5. His gross basic rate of pay (including additional pay) payable on a continuous basis is …………… ………………………………………………………… but he is ………………………………………… …………………………………………………………………………………………………………….. ……………………………………………………………………………………………………………..
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235 [Issue 1] 6. The service which he is allowed to reckon …………………………………………………………………………………………………………….. …………………………………………………………………………………………………………….. …………………………………………………………………………………………………………….. …………………………………………………………………………………………………………….. …………………………………………………………………………………………………………….. 7. He is entitled to reckon ………………………………………………………………….. service for the purp of determining his pensi 8. He is entitled to the following decorations or awards …………………………………………………………… …………………………………………………………………………………………………………….. …………………………………………………………………………………………………………….. …………………………………………………………………………………………………………….. …………………………………………………………………………………………………………….. and ………………………………………. acts of gallantry or di in his conduct sheets. 9. He holds the substantive rank of ……………………………………………………………………………… with seniority from …………………………………………………………………………………………… He has continuously since …………………………………………………………………………. held the acti rank of ………………………………………………………………………………………………………10. The highest rank for which he is qualified is ………………………………………………………………….. ……………………………………………………………………………………………………………..11. He has been awaiting his trial for …………………………………………………………………. days of whi ……………………………………………………………………………………… days were spent in civil ………………………………………………………………………………………. days were spent in close and …………………………………………………………………………………. days were spent in open ar12. He is not under sentenc At the present time he is under sentence of ……………………………………………………………………… beginning on the ……………………………………. day of ………………………………………….., 20 .. but suspended on the …………………………….. day of ………………………………………….., 20 …… and …………………………………………………………… day of …………………………………………., 20 ………………….. 13. According to his conduct sheets he has been found guilty by his commanding officer, or by the Offence In last

times times
times times
times times
There are no entries in his conduct sheets.
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14. Schedule of offences of which he has been convicted by a court-martial, of or which he has been found guilty during his service by a civil court, offences taken into consideration by such courts and offences of which he has been found guilty by an appropriate superior authority are authority Sentence of the authority

I HEREBY CERTIFY that the particulars in this Schedule are true extracts from the service books
Signed this …………….. day of …………., 20 ……. Signature …………………………………………………… (Name, rank and appointment)
SECTION 110 OF THE ACT
At …………………………………. on the ……………………. day of ………………………………, 20…………..at ……………….. hours the Court reassembled by order of ……………………………………Officer for the purpose of reconsidering their finding(s) on the ………………………………….. ………………………………………………………………………………………………………………and giving the reasons therefor is read, marked …………………………………………………………………….. signed by the president observations of the confirming officer and the whole of the record of the proceedings do now revoke their finding(s) on the ………………………….. …………………………………………………………………………………………………………… ………………………………………………………………………………………………………………
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237 [Issue 1] …………………………………………………………..ervation of the confirming officer respectfully adhere to their finding(s) on the ………………………………………….. charge(s)(and to their sentence) (but sentence theaccused ………………………………… ………………………… in substitution for the original sentence).ervation of the confirming officer and the whole of the record of the proceedings do now revoke their finding(s) on the ……………………………………………and find the accused ………………………………………Signed at ………………………….. this …………………………………. day of …………………….., 20 …………………………………………………………………………….. ………………………………………….Judge Advocate Presiding Officer 1 Insert the name of the place. 2 Insert the rank, name appointment, etc., of the confirming officer. 3 Specify the number(s) of the charge( 4 Give the names of the presiding officer and members of the court who are present. If the presiding officer is absent the senior members must report to the confirming officer. If a member is absent and the court is thereby reduced below the legal minimum the presiding officer must 5 Insert the accused’s number, rank, nam 6 Set out the finding in the appropriate 7 Set out the new sentence in accordance with the appropriate form set out in the Fifth Schedule.
.—These forms are for guidance only and do not constitute an exhaustive list of all the possible der under section 104 of the Armed Forces Act, 1968, but (remit …………………………………. ) (commute …………………………………………………………der under section 104 of the Armed Forces Act, I vary the sentence so that it shall be as follows ……………………………………………………………… andtpone the carrying out of the sentence of …………………………………………….. until ………………………..) (suspend the sentence of ………………………………).the sentence of ………………………………… for the sentence ofthe Court.I substitute a finding of …………………………………………………………………………. for the findingcourt and confirm the sentence but (remit …………………….. ) (commute…………………………………..
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I substitute a finding of ………………………………………………………………………………. for the fthe Court on the …………………………………… charge and confirm Not confirmed (on the grounds that ………………………………………………………………………………….).on the ………………………………….. charge(s) but do not confirmtheir finding(s) on the ……………………… charge(s) (on the grounds that ……………………………………).I confirm the sentence but (remit ………………………… ) (commute ………………………………………I refer the finding(s) and sentence to …………………………………………………………. t on the …………………………………………. charge(s) and refer thefinding(s)on the ……………………………… charge(s) and the sentence to ……………………………….. ourt but refer the sentence to ……………………………………………………..()(The record)(Part of the record) of the proceedings of the trial by court-martial which tried ……………………………………………………. at ……………………………………… on the …………………day of ……………………………….., 20 …………………, having been lost, I do not confirm the finding(s) ofthe court. Signed at ………………………….. this …………………………………… day of …………………….., 2 1 State what part of the sentence is remitted. 2 State what the sentence is commuted to. 3 This form of words may be used when it is imp 4 This form of words is appropriate when tsentence informally or 5 Insert the date or event to which t 6 This form of words is appropriate when the Court have passed an illegal sentence on the 7 Where a confirming officer withholds confirmation because be disapproves of the decision of the court on a plea to the jurisdiction or in bar of trial or on any confirmation for this reason. In other 8 Insert the appointment of the higher aut 9 The rank and appointment of the confirming officer should be clearly stated after or under his signature.
SENTENCE AND DIRECTION THAT SENTENCES ARE TO RUN CONCURRENTLY OR CONSECUTIVELY UNDER SECTION 135(b) OF THE ACT
I ……………………………………. the reviewing authority hereby him by the court-martial held at ………………………………on the ……………………………….. day of ………………………….., 20 ………, and direct that that sente
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239 [Issue 1] court-martial) (court-martial held at …………………..on ……………………… day of ………………………………, 20……) shall ruDated ………………………………………, 20 …………. …………………………………………………When the determination is made by the reviewing authority it should follow the minute of
In accordance with subsection …………………………………………………………………………………….med Forces Act, 1968, I …………………………………………………………………….hereby order that ……………………………………………………………………………….Dated ………………………………………, 20 …………. ………………………………………………… 1 (a) When the confirming officer is making the order this form of words should be inserted in the record of the proceedings of the Court-martial in the confirming officer’s minute of confirmation; when made by a reviewing authority it should follow the minute of (b) Where the conditions set out in section 104(10) of the Act are satisfied, the officer or authority making the order may add at the end of the order: “and I direct that this order 2 Insert rank, name and appointment of confirming officer or reviewing authority as the case may 3 Insert description of article or amount of money, as the case may be. 4 Insert name of person to whom restitution is being made.
Promulgated and extracts taken at (place) ……………………………………….. this ………………………….day of ………………………………………, 20 …………………..
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Part I. Sentences. Part II. Restitution Order. Restitution Order. ()Note:— The words in the margin should be entered in the right-hand margin of the record of the ite the record of the sentence. To suffer death. Death. To be imprisoned for ……………………. Imprisonment. To be dismissed from the armed forces. Dismissed. To be reduced to the rank of …………. Reduction in rank. (rr. 8(9), 19(F) and 72(1)) To take seniority in the rank of ………. Forfeiture of seniority of rank. ………….. as if his appointment to that rank bore date the ……………………….. day of ………………………, 20………….. To be fined …………………………………. Fine. To be (severely reprimanded) Severe reprimand or reprimand. To be admonished. Admonition. To be put under stoppages of pay until Stoppages he has made good the sum of …… in respect of ………………………….Servicemen To suffer death. Death. To be imprisoned for ……………………. To be dismissed from the armed forces. Dismissal. To undergo active service punishment for ………………………………….. days. To be reduced (to the ranks) (to the rank of …………………………………..). To take seniority in the rank of ………. Forfeiture of seniority of rank. ………………… as if his appointment to that rank bore date the ………….. day of ………………….., 20 …………. To be fined …………………………………. Fine.
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241 [Issue 1] To be (severely reprimanded) Severe reprimand or reprimand. To be admonished. Admonition. To be put under stoppages of pay until he has made good the sum of …… in respect of …………………………. 1 Insert the amount which has to be made good by stoppages in respect of the charge or article 2 Specify the charge or article in respect of which the stoppages is to be imposed. If stoppages are being imposed in respect of more than one charge or article the amount which has to be 1. By the Commanding Officer or Appropriate Superior Authority In accordance with subsection …………………………………………………. of section 104 of the Armed Forces Act, 1968, I, ………………………….. hereby order that ……………………………………………….. be (delivered) (paid) to……………………………………………………………………Appropriate Superior Authority 2. In accordance with subsection …………………………………………………. of section 104 of the Armed Forces Act 1968, the court hereby order that …………………………………………………………………….. be (delivered) (paid) to ………………………………………………………………….. 1 (a) (b) Where the conditions set out in section 104(10) of the Act are satisfied, the commanding officer or the court may add at the end of the order: “and direct that this order shall be 2 Insert name and rank of commanding of 3 Insert the description of the article or 4 Insert name of person to whom restitution is to be made. 5 Delete as required.
Part I. Oaths at Investigations by Commanding Officers and Appropriate Superior Authorities. Part II. Oaths at Courts-martial. Part III Manner of Administering the Oath. Part IV Solemn Affirmations.
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()Interpreter I swear by Almighty God that I will to the best of my ability truly interpret and I swear by Almighty God that I will to the best of my ability truly interpret and ()Presiding Officer and Members I swear by Almighty God that I will well and truly try the (accused) (accused persons) before the court according to the evidence, and that I will duly administer justice according to the Armed Forces Act, 1968, without partiality, favour or affection, and I do further swear that I will not on any account at any time whatsoever disclose or discover the vote or opinion of the presiding officer or any member of this court-martial, unless thereunto I swear by Almighty God that I will to the best of my ability carry out the duties of Judge Advocate in accordance with the Armed Forces Act, 1968, and the rules made thereunder and without partiality, favour or affection, and I do further swear that I will not on any account at any time whatsoever disclose or discover the vote or opinion on any matter of the presiding officer or any member of this court-martial, unless thereunto I swear by Almighty God that I will not on any account, at any time whatsoever disclose or discover the vote or opinion of the presiding officer or any member of this I swear by Almighty God that I will truly take down to the best of my power the evidence to be given before this court-martial and such other matters as may be required, I swear by Almighty God that I will to the best of my ability truly interpret and I swear by Almighty God that the evidence which I shall give before this court-martial Persons taking the oath shall say to or repeat after the person administering the oath the words of the oath with such variations in the opening words of the oath as the person taking the oath shall have declared to be effective to make the oath binding on his
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243 [Issue 1] The person making a solemn affirmation shall say to or repeat after the person administering the solemn affirmation the words of the appropriate form of oath except that for the words “I swear by Almighty God” he shall substitute the words “I (name in full), do solemnly, sincerely and truly declare and affirm” and for the word “swear” wherever it
Part I. Petitions. Part II. List of Persons to whom PetitionsList of Persons to whom Petitions()Petition to Confirming Officer (Before ConfirmaTO THE CONFIRMING OFFICER at ……………………………………………………..been sentenced to …………………………………………………………………………………………. herebagainst the finding(s) on the ……………………………….. charge(s)grounds— ………………………………………………………Date …………………………………………………………..Petition to the Reviewing Authoritygation), under Section 106 Of the Act and Rule 99(2) 2) ()To the Defence Council at ……………………………………………………..promulgated to me on …………………………………………………………….he finding(s) on the …………………………………………………………………………….. the following grounds— ……………………………………………………..
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Petition to the Commander(after Confirmation and Promulgation), under Section 112 of the Act and TO THE COMMANDER court-martial on ……………………………………. at ……………………………………………………..been sentenced to …………………………………………………………………….. and having had the finding(sand sentence promulgated to me on …………………………………………………………………………… 1 Insert the accused’s number, rank, name and unit. 2 Insert the date when accused was convicted. 3 Insert the place where the trial was held. 4 The words “the finding(s) on the ………………………………………………………… charge(s)” should be omitted if the accused is 5 The reviewing authority will be either the Defence Council or any officer superior in command to the confirming officer; see section 111(2) of the Act. 6 Here state the reviewing authority whom it is desired to petition. 7 Insert the date when the findi 8 Petitions should be signed by the accused personally but may if necessary, be signed on his 9 Insert Kenya Air Force, Kenya ArmyUNDER RULE OF PROCEDURE 99
1. Petitioner serving in or in custody on board a ship of the Kenya Navy.
2. Petitioner in custody on board a ship other
3. Petitioner serving with a unit of the Armed
4. Petitioner confined in a civil prison. Officer in charge of the prison.
5. Petitioner who is a civilian and is outside Officer commanding at the nearest Armed
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245 [Issue 1] 1. Citation. 2. Interpretation. 3. Application for leave to appeal. 4. Extension of time. 5. Form of appeal by Attorney-General. 6. Abandonment of appeal. 7. Notices. 8. Court-martial proceedings. 9. Copies of proceedings. 10. Documents and exhibits. 11. Security of documents, etc. 12. Public interest. 13. Witnesses. 14. Register and cause list. 15. Presence of person convicted at hearing. 16. Notifying results of appeals, etc. 17. Restitution order. 18. Right of audience. 19. Non-compliance with Rules. 20. Enforcement of duties.
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1. Citation These Rules may be cited as the Armed Forces (Court-martial Appeals) Rules, 1969. 2. Interpretation In these Rules, except where the context otherwise requires— “the court” means the High Court; “exhibits” means all documents and things wh” means the Registrar of the High Court, and includes a senior deputy An application by a person convicted for leave to appeal to the court under section 116 of the Act shall be in form 1 in the Schedule to these Rules, and shall contain answers to 4. Extension of time A notice of application to the High Court for an extension of time within which to make application for leave to appeal shall be in form 2 in the Schedule to these Rules, and shall An appeal by the Attorney-General under section 115(2) of the Act shall be in form 3 in (1) A person convicted, at any time after he has made application for leave to appeal, or the Attorney-General, may abandon his appeal by giving to the Registrar notice of (2) Where it is contended that the person convicted is insane, a notice of (3) Subject to paragraph (2) of this rule, a notice of abandonment shall be signed by (1) An application for leave to appeal and any notice required or authorized to be given to the court under these Rules, other than a notice of abandonment, shall be signed by the person convicted or by his legal representative, or by the Attorney-General, as the (2) An application for leave to appeal and any notice required or authorized to be
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247 [Issue 1] (3) Where a person convicted, or any other person required or authorized to make an application or give any notice for the purpose of these Rules, is unable to write, he may affix his mark thereto in the presence of a witness, who shall attest the mark, and (1) The Registrar, on receipt of an application for leave to appeal, shall request the Commander to forward to him the proceedings of the court-martial and any petition (2) After an application is finally refused or is withdrawn, or the appeal is determined or abandoned, the proceedings of the court-martial and any petition shall, subject to any (3) A copy of any document which is required for the use of the Court shall be made (1) At any time after the Registrar has received an application for leave to appeal, the person convicted or the Attorney-General may, subject to these Rules, obtain from the Registrar copies of any document in the possession of the Registrar for the purpose of the appeal. (2) Copies of any document shall be supplied by the Registrar at the charges (i) for making and certifying a copy of any document or certifying a copy not (a) for first folio or part thereof ……………………………. 5 00 (b) for each subsequent folio or part thereof ………… 2 50 (ii) for making uncertified copy of any document— (a) for first four folios or part thereof ……………………. 3 00 (b) for each subsequent folio or part thereof ………… 75 Provided that, if such uncertified copy later requires to be certified, the certifying fees shall be the difference between these fees and the fees (iii) for making copies by Photostat process— Actual cost (1) The Registrar may, on application made to him by the person convicted or by the Attorney-General, or where he considers it necessary for the proper determination of any appeal or application, and shall, where so directed by the Court, obtain and keep available for use by the Court any document or exhibit; and, subject to rule 11 of these Rules, pending the determination of the appeal or application such document and exhibit and the proceedings of the court-martial shall be open, as and when the Registrar may arrange, (2) Subject to rule 11 of these Rules, the court may, at any stage of an appeal, whenever it thinks it necessary or expedient in the interests of justice so to do, order any document, exhibit or other thing connected with the proceedings to be produced to the
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(3) After an application is finally refused or is withdrawn, or the appeal is determined or abandoned, documents and exhibits shall, subject to any order which the court may (4) Service of any order made under this rule shall be personal service unless the If the Minister certifies that, for reasons of security, the whole or part of the proceedings, or any document, exhibit or other thing, ought not to be disclosed otherwise than to the Court, or ought only to be disclosed subject to certain conditions specified by the person who so certifies, the Registrar shall, notwithstanding these Rules, not permit inspection nor supply a copy thereof without an order of the Court, which may direct upon Nothing in these Rules shall affect any rule of law which authorizes or requires the withholding of any document or the refusal to answer any question on the ground that the disclosure of the document or the answering of the question would be injurious to the (1) An order of the court that a witness shall attend and be examined shall be in Form 5 in the Schedule to these Rules, and shall specify the time and place at which such (2) Such an order may be made on the application at any time of the person convicted or of the Attorney-General, but if the person convicted is in custody and is not legally represented the application shall be made by him in form 6 in the Schedule to these (3) Service of any order required by this rule to be given to any witness shall be (1) The Registrar shall keep a register of all cases in which he receives an application for leave to appeal under the Act and such register shall be open for public inspection in (2) The Registrar shall also publish a list of appeals and applications which the Court may consider on the days on which the Court, as constituted for the hearing and determination of appeals under the Act, shall sit; and shall cause such list to be published at such times and in such places and in such a manner as he, subject to the approval of e to any parties interested therein of the (1) Where the person convicted is in custody and has obtained the leave of the Court to be present at the hearing and determination of his application or appeal, or at any stage thereof, the Registrar shall notify the person convicted, the person in charge of the place where he is confined, and the Commander or the Commissioner of Prisons, as the case (2) The Court may direct that the person convicted be brought before the court in any case where in the opinion of the court his presence is advisable for the proper
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249 [Issue 1] (1) On the final determination of any appeal or of any application, the Registrar shall, unless it appears to him unnecessary to do so, give to the person convicted, the Attorney-General and, where the person convicted is in custody, the person in charge of the place (2) In the case of an appeal against a conviction involving sentence of death, the Registrar shall, on receiving an application for leave to appeal, send a copy thereof to the President and, where leave to appeal is refused and on the final determination of an appeal, shall forthwith give written notice to the person convicted and to the President and 17. Restitution order (1) Where any property or money has been ordered to be restored or handed over under section 104 of the Act, and the operation of the order has been suspended under subsection (9) of that section, unless the property is in the custody of the Registrar the authority which made the order shall cause it to be kept in safe custody for the period (2) Any person in whose favour or against whom an order has been made under section 104 of this Act, and with the leave of the court any other person, shall, on the final hearing by the Court of the appeal against the conviction on which such order was made be entitled to have any representations that he may make considered by the Court before any order is made under subsection (9)(ii) of that section. In any proceedings before the Court, any of the following persons may address the (a) an advocate retained by or on behalf of the person convicted; (b) the person convicted, if he has the leave of the Court; and (c) the Attorney-General or his representative. (1) Non-compliance with these Rules by a person convicted shall not prevent the (2) The Registrar shall forthwith notify the person convicted, or the Attorney-General, as the case may be, of directions given by the Court under this rule, where he was not The performance of any duty imposed upon any person under Part IX of the Act or
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SCHEDULE
Name of person convicted …………………………………………………………………………………………Number …………………………….. Unit ………………………………….. Rank …………………………..Convicted by court-martial held at ………………………………………………………………………………..Offence of which convicted ……………………………………………………………………………………….Sentence ………………………………………………………………………………………………………. or finding promulgated ………………………………………………………….Date when petition presented ……………………………………………………………………………………..Date when notified that petition refused …………………………………………………………………………..Name of prison or place of detention (a) …………………………………………………………………………..I, the above-named person, hereby apply for leave to appeal to the High Court against my the following grounds (b) …………………………………………………………..) ………………………………………………… (c)Dated the (d) …………………………………………… day of ………………………………………….., 20 ………… 1. Is any advocate or other person now acting for you? ………………………………………………………………….. If so, give his name and address. ………………………………………………………………….. 2. Do you desire to be present when the High Court considers your appeal? ………………………………………………………………….. 3. Do you desire to apply for leave to call any witness on your appeal? If your answer to this question is “Yes”, you must fill in form 6 and send it with this form. ………………………………………………………………….. (a) If person convicted not in custody, insert his address. (b) Set out clearly and concisely the reasons why you consider your conviction should be (c) This notice must be signed by the person convicted or his legal representative. If the must affix his mark in the presence of a witness. The (d) If this form is lodged more than forty days after the person convicted has become entitled (e) The person convicted
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I, (a) …………………………………………………………………………………………………………….. having beenconvicted of the offence of (b) …………………………………………………………………………………..and sentenced to ………………………………………………………………………………………………..by court-martial held at …………………………………………………………………………………………on the ……………………………………………………………………………………………………………….., 20 ………..,and being now at (c) …………………………………………………………………………………………….give you notice that I hereby apply to the High Court for an extension of the time within which I may give notice of application for leave to appeal, on the grounds following (d) …………………………………..Dated the ……………………………………………….. day of ………………………………………….., 2) ………………………………………………… (e)(e)Form 1 must be filled up and sent with this notice to the Registrar (a) Insert name, number rank and unit. (b) State shortly the offence or offences. (c) Set out address in full. (d) Here set out clearly and con-concisely the reasons for the delay in giving notice, and the grounds on which you submit the Hi (e) This notice must be signed by the person convicted or his legal representative. If the must affix his mark in the presence of a witness. The
Name of person acquitted or sentenced ……………………………………………………………………………..Number …………………………….. Unit ………………………………….. Rank …………………………..Tried by court-martial held at ……………………………………………………………………………………Offence for which tried ……………………………………………………………………………………………………………………………………………………………………………………..or] sentenced to ………………………………………………………………………………………………….
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ed or finding promulgated …………………………………………………………Name of prison or place of detention (a) …………………………………………………………………………..The Attorney-General hereby The Attorney-General hereby or] sentence specified above of the person named above, on the following grounds— Dated the ……………………………………………….. day of ………………………………………….., 2 (a) If person convicted not in custody, insert his address.
Name of person convicted …………………………………………………………………………………………Number …………………………….. Unit ………………………………….. Rank …………………………..Convicted by court-martial held at ………………………………………………………………………………..Offence of which convicted ……………………………………………………………………………………….Name of prison or place of detention (a) …………………………………………………………………………..or present address of person convicted ………………………………………………………………………………….. I, the above-named person, haved and having applied to the Registrar for leave to appeal (b) I, ………………………………………………………………………………………………………, AttorHEREBY GIVE NOTICE that I do not intend to proceed with the appeal in this matter, as from the date hereof. Dated the ……………………………………………….. day of ………………………………………….., 2) ………………………………………………… (c)Signature of Witness………………………………………….. Address of Witness……………………………………………. Occupation of Witness……………………………………….. (a) If person convicted not in custody, insert his address. (b) Delete as appropriate. (c) If this notice is presented by or on behalf of a person convicted it must be signed by him in the presence of a witness.
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253 [Issue 1] SCHEDULE—continued
To (a) …………………………………………………………………………………………………………WHEREAS, on good cause shown to the High Court of Kenya, you have been ordered to attend been ordered to attend the court upon the appeal of (b) ………………………………….] (c)[before the court upon an appeal brought by the Attorney-General following the proceedings at the court-martial of (b) …………………………………………………………………………………………………………..] (c)e the court at …………………………………………… o’clock in the…………………………………………. noon on the ……………………….. day of …………………….., 20 ………..,at (d) ………………………………… I ALSO REQUIRE YOU to have with you at the said time and place the following books, papers and other things relating to the appeal— …………………………………………………………….. Dated the ……………………………………………….. day of ………………………………………….., 2 (a) Name and address of witness. (b) Name, number and rank of perso (c) Delete as appropriate. (d) Insert location of court.
WHILST IN CUSTODY I, (a) ……………………………………………………………………………………………………………………………….,having applied for leave to appeal to the High Court, hereby give notice that I desire the Court to Dated the ……………………………………………….. day of ………………………………………….., 2You are requested to complete the following form 1. Name and address of witness ………………………………………………………………………………….. …………………………………………………………………………………………………………….. 2. Was the witness examined at your court-martial? ……………………………………………………………………………………………………………..
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3. If not, state the reason why he was not examined ………………………………………………………………. …………………………………………………………………………………………………………….. 4. State shortly the evidence you think he can give ……………………………………………………………….. …………………………………………………………………………………………………………….. (a) Insert name, number, rank. (b) If more than one witness is desired, the information must be given in respect of each witness.
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255 [Issue 1] 1. Citation. 2. Interpretation. 3. Custody of person under sentence. 4. Treatment of person under sentence. 5. Transfer to civil prison. 6. Where sentence may be carried out. 7. Execution in military custody. 8. Execution in civil custody. 9. Death warrant. 10. Death certificate and return of warrant after execution in military custody. 11. Burial after execution in military custody. FIRST SCHEDULE – ORDER FOR THE TRANSFER TO CIVIL CUSTODY SECOND SCHEDULE – DEATH WARRANT THIRD SCHEDULE – CERTIFICATE OF MEDICAL OFFICER
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1. Citation These Regulations may be cited as the Armed Forces (Execution of Sentence of “local commander” means an officer not below the rank of lieutenant colonel under whom, or in the area of whose command, a person under sentence of death is means a person sentenced to suffer death under the (2) During the whole or any part of the period between the passing and the carrying (a) civil custody; or (b) military custody. (3) The manner in which a person under sentence who is in civil or military custody and who has appealed to the High Court may be taken to, kept in custody at and brought back from any place at which he is entitled to be present for the purposes of Part IX of the Act, or any place to which the High Court may order him to be taken for the purposes of (a) he may be taken to, kept in custody at and brought back from any such place as aforesaid in civil or military custody; (b) he may be kept in such custody at any such place as aforesaid in any (4) No person under sentence who is in military custody shall be transferred to civil custody except in pursuance of an order of the local commander made in the form prescribed in the First Schedule of these Regulations or in a form substantially to the like effect, and every such order shall be duly completed in accordance with the instructions (a) he shall be deprived of every article which it might be dangerous or (b) he shall be confined in a separate cell and kept apart from all other persons; (c) he shall be kept by day and by night in the constant charge of two persons (d) he shall be subject to the Armed Forces (Imprisonment) Regulations so far (e) he shall not be required to perform any duties other than to keep clean his (f) he shall be allowed daily physical exercise;
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257 [Issue 1] (g) he shall be granted facilities to correspond with his relatives, friends and (h) he shall be permitted to smoke; (i) he shall be visited once daily by an officer of the unit in which he is in (j) he may be visited at any time by any person authorized to visit him by (k) he may be visited by such of his relatives, friends and legal advisers as he desires to see and as are authorized to visit him by written order of the local (l) he may be visited at any time by a chaplain of his own creed or denomination or, if he so desires a chaplain of another creed or (m) except as hereinbefore provided, he shall not be visited by any person; (n) all visits shall take place in the presence and hearing of an officer of the unit in which he is in custody unless permission to the contrary is given by the Notwithstanding regulations 3, 6 and 9 of these Regulations, no person under such person be carried out in a civil prison, without the consent of the Commissioner of (1) If a person under sentence is in Kenya, the sentence shall be carried out in a civil prison. (2) If a person under sentence is outside Kenya, the sentence shall be carried out in (1) A sentence of death passed under the Act which is to be carried out in military (2) After promulgation of a sentence of death, the local commander shall, if the sentence is to be carried out in service custody, nominate an officer not below the rank of (3) Where a sentence of death is to be carried out in military custody, the following persons in addition to the executioner and his assistants or the firing party, as the case (a) the officer who is responsible for the due execution of the sentence of death (b) a medical officer of the armed forces; (c) an officer nominated by the local commander who is able to identify the person under sentence as the person described in the death warrant and as the person who was tried and sentenced by the court-martial mentioned
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(d) a chaplain nominated by the local commander; (e) such officers, warrant officers and non-commissioned officers as may be (f) the officer in command of the unit in which the person under sentence is in A sentence of death passed under the Act which is carried out in a civil prison shall be (1) The death warrant shall be issued by t(2) The local commander shall not issue the death warrant until he is satisfied that, having regard to section 111 and section 124(1)(a) of the Act, the sentence of death may (3) No sentence of death passed under the Act shall be carried into effect until the death warrant has been received by the military officer nominated under regulation 7(2) of these Regulations or by the superintendent of the prison where the sentence is to be (1) As soon as practicable after a sentence of death has been carried out in military custody, the medical officer in attendance shall examine the body and ascertain the fact of death and shall sign a certificate to that effect in the form in the Third Schedule of these (2) As soon as the medical officer has certified the fact of death in the officer responsible for carrying the sentence into effect, and the officer mentioned in regulation 7(3)(c) of these Regulations shall complete and sign the portion of the death warrant headed “Return of Warrant” and the officer referred to in regulation 7(2) of these Regulations shall send the death warrant and the medical certificate to the local commander. The body of a person upon whom a sentence of death under the Act has been carried out in military custody shall be buried without military honours in a military cemetery or
()ORDER FOR THE TRANSFER TO CIVIL CUSTODY OF A PERSON SENTENCED TO DEATH BY A COURT-MARTIAL To the Superintendent or other person in charge of ………………………………………………………….. (a)Whereas …………………………………………………….. (b) …………………………………………….was by a ………………………………………………………………………………………………………….. court-martialheld at …………………………………………………………………………………………………………. convicted of the
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259 [Issue 1] offence(s) of ……………………………………………………………………………………………………………………………(c)and by a sentence passed on the ………………………………………… day of …………………………………….,20…………… was sentenced to suffer death, which sentNow, therefore, in pursuance of the Armed Forces Act, 1968, I hereby order you to receive into your custody and to detain the said person until the sentence of death is carried out or until you are otherwise ordered by a court or judge of competent jurisdiction or you are given further orders to discharge or deliver over the said person in due course of law, and this shall be authority for so Signed at ………………………………………… this ……………………. day of ……………………, 20 ………………………………………………………………. (d) (a) Insert the name and address of the prison. A person under sentence of death must not be committed to a civil prison until consent has been obtained pursuant to regulation 5 of the Armed Forces (Execution of Sentence of (b) Insert the full names of the person (c) Set out the statement (but not the particulars) of the offence and the relevant section of the Armed Forces Act, 1968. Where there is more than one offence the statement of each (d) The committal order must be signed by the local commander of the person under
()DEATH WARRANT To …………………………………………………………………. (a) Whereas ……………………………………………. (b) of the ……………………………………………….was by a …………………………………………………………………………………………………… couat ………………………………………………………………………………………………………………… convicted of theoffence(s) of …………………………………………………………………………………………………………………………..(c),and by a sentence passed on the ………………………………………… day of …………………………………….,20 ………………., was sentenced to suffer death: And whereas the finding and sentence of the said court-martial have been confirmed and
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And whereas I am satisfied, having regard to regulation 9(2) of the Armed Forces (Execution of Sentence of Death) Regulations, 1970, that tNow, therefore, I hereby order you to carry into effect the said sentence on ………………………… (b)by ……………………………………. (d) and for so doing this shall beWhen the said sentence has been carried into effect, the return below and the medical certificate rrant returned to me (e). Signed at ………………………………………… this ……………………. day of ……………………, 20 . Rank ………………………………………………………….Commanding ………………………………………………The above sentence passed on ………………………………………………………………………………. (b) wacarried into effect at ……………………………………………. (f) on the ………………………………….day of ……………………………………………………………, 20, ………………., at …………………………… hours. ………………………………………………………………………………….. (g) ………………………………………………………………………………….. (h) (a) Military officer or superintendent of civil prison responsible for ca (b) Insert the full names of the person (c) Set out the statement (but not the particulars) of the offence and the relevant section of the Armed Forces Act, 1968. Where there is more than one offence the statement of each (d) Insert “hanging” or “shooting”. (e) Only required if sentence carried out in military custody. (f) Insert the place where the senten (g) Signature of military officer responsible (h) Signature of mandatory witness, namely the officer nominated under regulation 7(3)(c) of
()CERTIFICATE OF MEDICAL OFFICER (a) I, ………………………………………………………………………………………………. (b) a medical is day examined the body of …………………………………. (c)upon whom sentence of death was this day carried into effect at ………………………………………….. (d),that the said person was dead. Dated this ……………………………………………….. day of ………………………………………….., Rank ………………………………………………………….
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261 [Issue 1] (a) Only required if sentence carried out in military custody. (b) Full names of the medical officer who (c) Full names of the person upon whom the sentence of death has been carried into effect, (d) Insert the place where the senten
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263 [Issue 1] 1. Citation. 2. Interpretation. 3. Service of sentences. 4. Committal. 5. Release from custody. 6. Temporary release from service prison. 7. Period of remission in service prison. 8. Records of remission. 9. Forfeiture of remission. 10. Effect on remission of subsequent sentences of imprisonment. 11. Corporal punishment. 12. Use of force. 13. Requirement of service prisons. 14. Work. 15. Days of rest. 16. Work in association. 17. No work for private benefit. 18. Rations. 19. Tobacco. 20. Correspondence. 21. Parcels. 22. Censorship. 23. Visits. 24. Visit by legal advisers. 25. Medical examination. 26. Appeals. 27. Rights as to appeal to be notified. 28. Searching persons under sentence. 29. Condition of search. 30. Duration of sentence on persons who escape. 31. Deaths. 32. Offence against discipline. 33. Procedure for dealing with offences. 34. Punishment which may be awarded by an officer in charge. 35. Restricted diet. 36. Close confinement. 37. Mechanical restraint. 38. Canvas suit. 39. Religious books and chaplains. 40. Visit by chaplain.
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41. Attendance at divine service. 42. Educational training. 43. Prohibition of liquor, tobacco. 44. Communication with prisoners. 45. Unauthorized entry of service prison. 46. Penalty. FIRST SCHEDULE – ORDER FOR THE COMMITTAL OF A MEMBER OF THE ARMED FORCES TO A CIVIL PRISON ON AN AWARD OF IMPRISONMENT BY HIS COMMANDING SECOND SCHEDULE – ORDER FOR THE COMMITTAL OF A MEMBER OF THE ARMED FORCES TO A CIVIL PRISON ON SENTENCE OF IMPRISONMENT BY A COURT-THIRD SCHEDULE – ORDER FOR THE RELEASE OF A PERSON UNDERGOING SENTENCE OF IMPRISONMENT
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265 [Issue 1] 1. Citation These Regulations may be cited as the Armed Forces (Imprisonment) Regulations, 1970. (a) an advocate; or (b) if a service prison is outside Kenya, any person who, in the opinion of the officer in charge, has rights and duties in the country concerned similar to (c) any clerk in the full-time service of an advocate or such a person, and (d) any officer representing or assisting a prisoner for the purposes of his defence or in connexion with his petition or appeal; means the officer for the time being commanding the unit upon means any person who is serving a service sentence of imprisonment (a) any premises set aside by one of the Commanders as a place of (b) any cell, room, hut, tent or other place which is situated within an area or place occupied by a unit normally commanded by an officer not below the rank of major or corresponding rank, and which is used for the confinement means the persons for the time being charged with the administration of a (1) A service sentence of imprisonment which does not exceed forty-two days shall be (a) whenever practicable, in a service prison of the unit to which the person under such sentence belongs, or if such unit has no such prison, in a (b) if there is no such service prison reasonably available, in a civil prison. (2) A service sentence of imprisonment (1) An entry in a unit Part II Orders notifying the imposition of a service sentence of imprisonment not exceeding forty-two days upon any person shall be sufficient warrant for
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(2) Where, under regulation 3 of thesimprisonment is to be served in a civil prison, an order in the form set out in the First or Second Schedule to these Regulations, as may be appropriate, and signed by the commanding officer of the person under sentence, shall be sufficient warrant for such Subject to regulation 6 of these Regulations, no person under a service sentence of imprisonment, whether in service custody or in civil custody, shall be released from such (a) in accordance with an order of a court of competent jurisdiction; or (b) in accordance with an order in the form set out in the Third Schedule; or (c) on the expiration of his sentence less— (i) in the case of a sentence served in a service prison, remission (ii) in the case of a sentence served in a civil prison, remission as sentence of a convicted criminal prisoner in such prison. (1) The commanding officer of a person serving sentence of imprisonment in a service prison may authorize the temporary release of such person from such prison in any of the (a) In the case of the death or dangerous illness of a near relative of the prisoner, and the commanding officer is satisfied that the presence of the (b) where damage has been done to any premises occupied by the next-of-kin of the prisoner and the commanding officer is satisfied that the presence of (c) where the prisoner could make arrangements preliminary to or consequent upon the birth of his child, and the commanding officer is satisfied that the (d) where the prisoner has requested facilities to enable him to marry a woman (e) where there are domestic difficulties concerning the prisoner or his family, and the commanding officer is satisfied that the personal attendance of the (a) That the prisoner shall comply with any conditions laid down by the commanding officer and to be observed by, or in relation to, the prisoner during the period of his temporary release, including any conditions as to custody during the period of temporary release, and as to the place or places where the prisoner may or may not go during that period; (b) that, if the prisoner fails to comply temporary release shall thereupon be terminated and it shall be the duty of (3) Any period of temporary release shall not count as part of the service sentence to
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267 [Issue 1] (1) The periods of remission which can be earned by good conduct by a prisoner shall (a) if the sentence does not exceed thirty-one days, nil; (b) if the sentence exceeds thirty-one days, one-third of the sentence except in a case where this would result in the said person serving less than thirty-one days, in which case the period of remission shall be such period as will (2) For the purpose of calculating remission in accordance with paragraph (1) of this (3) A prisoner due to be released on a Sunday, Christmas Day or Good Friday shall be released on the previous day and the uncompleted day shall be deemed to be (1) The officer in charge shall appoint an officer to be responsible for maintaining the (2) The record of remission shall show the entitlement to remission earned by each prisoner, and also the details of any loss of remission awarded in accordance with these One day’s remission of the sentence of a prisoner shall be forfeited in respect of each day on which the prisoner is unable to carry out work or training, which would otherwise (a) his sickness occasioned by his own misconduct; or (b) his undergoing a sentence of a civil court; or (c) his being in the lawful custody of any civil authority; or (d) an award by the officer in charge under regulation 34 for an offence under If, while a person is serving a sentence of imprisonment he is awarded a further sentence of imprisonment, remission shall be calculated under regulation 7 of these Regulations, taking into account the total period to which the said person was actually 11. Corporal punishment Any member of the staff may use such force against a prisoner as is reasonably 13. Requirement of service prisons (1) No room shall be used as, or as part has certified that its size, lighting, heating, ventilation and fittings are adequate for health,
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and that it allows any prisoner therein to communicate at any time with a member of the staff, and any certificate granted in relation to a room shall state the maximum number of (2) The size of rooms intended for occupation by prisoners shall be such as to provide at least six hundred cubic feet capacity for each such prisoner, unless in any particular case, having regard to the exigencies of the service, the officer in charge authorizes (3) Two prisoners shall not be confined together in one room, the confinement must (4) A prisoner shall not be accommodated in the same room or place as a person in (1) During the whole of his sentence a prisoner shall be engaged in work or training (2) Nothing in this regulation shall require that a prisoner shall be engaged in work or (a) in close confinement; or (b) undergoing restricted diets as a punishment; or (c) excused work or training on medical grounds on the advice of a medical (d) excused work by the officer in charge or engaged in some other activity Sunday shall be a day of rest and no prisoner shall be engaged on work or training a Sunday if, in the opinion of the officer in charge, it is in the interests of the service for (1) Whenever possible a prisoner shall work in association with other prisoners unless (a) not in the interest of such prisoner; (b) not in the interest of good order and discipline. (2) When a prisoner is not permitted to work in association with other prisoners, the officer in charge may arrange for that prisoner to work in a room or place apart from other (3) In deciding whether a prisoner shall be required to work apart from other prisoners under the provisions of paragraph (1) of this regulation, and whether such a person ought to resume work in association with other prisoners, the officer in charge shall take into A prisoner shall not be employed directly or indirectly for the private benefit or advantage of any person, nor in any way contrary to these Regulations or the order of the
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269 [Issue 1] (1) The food provided for prisoners shall be the same as that provided for soldiers in (2) The officer in charge shall ensure that every prisoner receives the rations to which A prisoner shall not be permitted to smoke nor to retain in his possession any tobacco, cigarettes, matches or lighter, or any naked light for the purpose of lighting tobacco or 20. Correspondence (1) A prisoner shall be allowed to write letters as follows— (a) on first admission, one letter; and (b) in every week of his sentence following the week in which he is first (2) Writing paper, envelopes and other materials required to enable prisoners to write letters shall be provided by themselves, and retained by the staff, and a prisoner shall be allowed to use his writing materials during the hours permitted by the officer in charge for leisure. (3) A prisoner may receive— (a) any number of letters; (b) books, newspapers, journals and periodicals at the discretion of the officer (1) A parcel addressed to a prisoner shall be opened and examined by an officer in the presence of the prisoner and any article which the prisoner is not authorized to receive shall be retained in safe keeping by the officer in charge and handed to the prisoner on Provided that perishable articles may be disposed of in accordance with the (2) A prisoner may with the consent and at the discretion of the officer in charge (1) The officer in charge or any officer deputed by him may scrutinize letters written by (2) The officer in charge may withhold from a prisoner the whole or any part of a letter addressed to him, but he shall communicate to him any part of the letter which is (3) The officer in charge may withhold a letter written by a prisoner, but in such case he shall give the prisoner an opportunity of writing in its place another letter which does (4) If any letter contains a complaint relating to the service prison or the treatment of the prisoner, the officer in charge shall draw the attention of the prisoner to his rights as to
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(5) In any case where the officer in charge withholds a letter written by or addressed (1) A prisoner may receive visits from his relatives and friends at the discretion of the officer in charge and the visits shall take place at times and places to be determined by that officer. (2) Any visit authorized under this regulation shall be within the sight and hearing of a (1) The officer in charge shall provide reasonable facilities for a prisoner to be visited (2) Any visit authorized under this rule shall be within the sight of the officer in charge or a member of the staff. (a) in close confinement; or (b) subject to any form of mechanical restraint; or (c) undergoing restricted diet as a punishment; or (d) sick or complains of sickness, shall be seen by a medical officer at least once every day, and the medical officer shall also see daily every prisoner to whom his attention is especially directed by the officer in The manner in which a prisoner who has appealed, or desires to appeal, against his conviction by court-martial may be taken to, kept in custody at and brought back from any place where he is entitled to be present for the purposes of Part IX of the Act, or any place to which the High Court or a judge may order him to be taken for the purposes of any (a) he may be taken to, kept in custody at or brought back from any such place (b) he may be kept in such custody at any such place in any manner ordered Provided that he shall not be kept in a civil prison or in a police station for periods (1) The officer in charge shall bring to the notice of prisoners their rights to petition or appeal. (2) The officer in charge shall permit a prisoner who intends to petition or appeal, or be provided with reasonable quantities of writing materials, to write and receive letters and to prepare and hand personally, or to send by post, to his legal adviser confidential written communications as instructions in connexion with the petition or appeal. (3) For the purpose of a petition or appeal a prisoner may receive a visit from a
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271 [Issue 1] (1) On admission to a service prison, a prisoner shall be searched in accordance with (2) The officer in charge may order that a prisoner shall be searched at any time while 29. Condition of search (a) every search shall take place in the (b) no other prisoner shall be present at the search. The officer in charge of the service prison from which a prisoner escapes shall be the prescribed authority for the purposes of the proviso to subsection (1) of section 132 of the (a) immediately report the matter to the civil police in whose area the service (b) in the event of an inquiry into the death of such prisoner not being held by any civil authority, arrange for a board of inquiry to be convened in board of inquiry to be convened in Supra.] 32. Offence against discipline A prisoner shall be guilty of an offence if he— (a) treats with disrespect any member of the staff of a service prison, any visitor (b) is idle, careless or negligent; (c) behaves irreverently at divine service; (d) uses any abusive, insolent, threatening or any other improper language; (e) is indecent in any act or gesture; (f) communicates with any other prisoner without authority; (g) leaves his room or place of work or other appointed place without (h) commits any nuisance; (i) has in his room or possession any unauthorized articles, or attempts to (j) gives to any person any unauthorized article; (k) makes repeated and groundless complaints; (l) fails to observe or comply with any conditions as to temporary release; (m) attempts to commit any of the offences referred to in this regulation.
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A prisoner who commits an offence under the Act or under these Regulations shall be (a) by the officer in charge; or (b) in accordance with the provisions of section 82 of the Act. (1) An officer in charge may award any of the punishments set out in paragraph (2) of this regulation to a prisoner who has been found by him to have committed any offence (a) close confinement for a period not exceeding fourteen consecutive days in (b) restricted diet for a period not exceeding three consecutive days in any one period; (c) forfeiture of remission of sentence for a period not exceeding eleven days; (d) deprivation of library books and periodicals; (e) admonishment; (f) extra military instruction not exceeding three periods of forty-five minutes (2) On the days on which a prisoner is undergoing restricted diet he shall not attend parades, nor shall he be required to undertake any task of labour, but he may be required (3) A prisoner who is undergoing restricted diet shall not be required to undergo any further period on such diet in respect of any other offence until an interval has elapsed (4) Every prisoner undergoing restricted diet shall be visited every day by the commanding officer in charge, or by an officer appointed by the officer in charge, and by a (1) No prisoner shall be placed in close confinement unless he has been certified by a (2) A prisoner in close confinement shall not be permitted to attend divine service and, (3) A prisoner in close confinement shall not be deprived of his room furniture, books or periodicals, nor be subjected to any form of discipline which has not been ordered in (4) A prisoner in close confinement shall be visited at least once every day by the officer in charge or an officer nominated by him, and by a medical officer, and in addition
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273 [Issue 1] means handcuffs of figure-of-eight, swivel or curb-chain type, not (2) Save as provided by regulation 39 of these Regulations, no prisoner shall be placed in handcuffs or any other form of mechanical restraint, or be in any manner bound, (3) An officer in charge may order the us(4) If it appears to an officer in charge that the use of handcuffs is necessary on a prisoner in order to prevent him from injuring himself or others, or destroying property, or otherwise creating a disturbance, he may issue a written order that such prisoner be (a) specify the date and hour when the handcuffs are to be applied; (b) specify the period, not exceeding forty-eight hours, during which the (c) state whether the handcuffs are to be applied with the hands of the prisoner (6) Immediately upon making a restraint order the officer in charge shall give a copy thereof to a medical officer who shall thereupon examine the prisoner and inform the officer in charge if, in his opinion, there is any objection on medical grounds to the use of handcuffs on the prisoner or whether the restraint order should be modified in any manner, and the officer in charge shall revoke or modify the restraint order in accordance (7) Where a restraint order states that handcuffs are to be applied with the hands of the prisoner to the rear of the body, they shall be moved to the front during meals and for (8) Whenever handcuffs are applied to or removed from a prisoner, an officer or senior member of the staff shall be present and a record shall be made of every person (1) Where a prisoner destroys or attempts to destroy his clothing, or refuses to wear uniform, the officer in charge may order that the prisoner shall wear a suit, consisting of frock and trousers made of canvas sail-cloth, not exceeding five and one-half kilograms in (2) The officer in charge shall record every order made under this regulation, the date from which the prisoner is required to wear a canvas suit and the date on which he 39. Religious books and chaplains (1) An officer in charge shall, so far as practicable, make available for the use of every prisoner such books of religious observance or instruction as are recognized for the use of (2) An officer in charge shall provide a book in which chaplains may record any
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(3) An officer in charge may, at his discretion, afford facilities to chaplains to have access to prisoners for the purpose of giving them religious instruction, at times approved (1) A chaplain of the same religious denomination as a prisoner may, at the discretion of the officer in charge, visit the prisoner as soon after his first admission to a service prison as possible, and thereafter from time to time at proper and reasonable times, and again shortly before his release; and where there is no chaplain of the same denomination as the prisoner the officer in charge may arrange for the prisoner to be visited by a (2) A prisoner shall be informed of the provisions of paragraph (1) of this regulation as soon as possible after his first admission to the service prison. (3) In appropriate cases a chaplain or minister shall officiate at the burial of a prisoner A prisoner unless undergoing punishment of close confinement may attend divine service of his religious denomination, if in the opinion of the officer in charge, it is practical for him so to do, having regard to his behaviour and to the location of the place of worship An officer in charge shall provide edNo person shall without the authority of the officer in charge bring or attempt to bring into a service prison or give or attempt to give to a prisoner, any spirituous or fermented liquor or any tobacco, or place any such liquor or tobacco in any place with intent that it shall come into the possession of a prisoner, nor shall any member of the staff allow any No person shall, without lawful authority, convey or attempt to convey any letter or any other thing into or out of a service prison or to a prisoner, or place it anywhere outside the (1) No unauthorized person shall enter a service prison, or make any sketch, or take any photograph of or communicate with any prisoner, and no person shall remain in a service prison after being requested to leave by the officer in charge or any person acting (2) The officer in charge may grant permission to any person to enter a service prison subject to any condition, which he may consider necessary. (3) The officer in charge may order the removal from a service prison of any person who, without authority enters therein or contravenes the provisions of paragraphs (1) and
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275 [Issue 1] Any person who, not being a person subject to the Act, contravenes any of the provisions of regulation 43, 44 or 45 of these Regulations shall be guilty of an offence and liable to a fine not exceeding three thousand shillings, or to imprisonment for a period not
()ORDER FOR THE COMMITTAL OF A MEMBER OF THE ARMED FORCES TO A CIVIL PRISON ON AN AWARD OF IMPRISONMENT BY HIS COMMANDING OFFICER To the Officer in Charge of ……………………………………………………………………………………………….. (a)Whereas No. …………………………………………………………… Rank ………………………………….Name ……………………………………………………………………. of the ………………………………………….. unitwas on the ……………………………………………………………. day of ………………………………., 20 …………awarded imprisonment for a period of …………………………………………………………………… days, by hicommanding officer for the offence(s) of ………………………………………………………………………………………………….. (b)Now, therefore, in pursuance of the Armed Forces Act, 1968 I hereby order you to receive the said person into your custody and to retain him to undergo his sentence according to law and for so Signed at ………………………………………… this ……………………. day of ……………………, 20 .) ………………………………………………(c) Rank and appointment ………………………………… (a) Insert the name and address of the prison. (b) Set out the statement (not the particulars) of the offence and the relevant sections of the Armed Forces Act, 1968. Where there is more than one offence, the statement of each (c) This form must be signed by the co
()ORDER FOR THE COMMITTAL OF A MEMBER OF THE ARMED FORCES TO A CIVIL PRISON ON SENTENCE OF IMPRISONMENT BY A COURT-MARTIAL To the Officer in Charge of ……………………………………………………………………………………………….. (a)Whereas No. …………………………………………………………… Rank ………………………………….was convicted by a Court-martial held at …………………………………………………………………………..
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of the offence(s) of ……………………………………………………………………………………………………………………. (b)and, by a sentence passed on the ………………………………………………………………………………….day of …………………………………………………., 20 ………………………., sentenced to imprisonment for aterm of …………………………………………………………………………………………………………………………… (c)commencing on the said day, which sentence has been duly confirmed in accordance with the med Forces Act, 1968. ………………………………………………………………………….Now, therefore, in pursuance of the Armed Forces Act, 1968 I hereby order you to receive the said person into your custody and to retain him to undergo his sentence according to law and for so Signed at ………………………………………… this ……………………. day of ……………………, 20 .) …………………………………………….. (c)Rank and appointment …………………………………. (a) Insert the name and address of the prison. (b) Here set out the statement (not the particulars) of the offence and the relevant sections of the Armed Forces Act, 1968. Where there is more than one offence the statement of each (c) Where the original sentence was death and has been commuted to imprisonment, for the words in brackets substitute the words “suffer death which sentence has duly been confirmed in accordance with the provisions of the Armed Forces Act, 1968 but has been commuted into imprisonment for a term of ………………………………………………………………….” (d) If any part of the sentencon insert “with a remission of ….. ………………………………………………………………………………………………………………………………“ (e) The committal form must be signed by the commanding officer for the time being of the
ORDER FOR THE RELEASE OF A PERSON UNDERGOING SENTENCE OF IMPRISONMENT UNDER THE ARMED FORCES ACT To the Officer in Charge of ……………………………………………………………………………………………….. (a)Whereas No. …………………………………………………………… Rank ……………………………………………. (b)Name ……………………………………………………………………. of the ……………………………………………. (b)Unit is now in your custody undergoing a sentence of imprisonment awarded by his commanding
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277 [Issue 1] Now, therefore, in pursuance of the powers conferred by Part VIII of the Armed Forces Act, 1968, I do hereby order you to release the said person from custody. Signed at ………………………………………… this ……………………. day of ……………………, 20 .) …………………………………………….. (c)Rank and appointment ………………………………… (a) Insert the name and address of the civil prison or service prison. (b) Delete as necessary. (c) This form must be signed by the reviewing officer or reconsidering authority. In the case of a person serving a sentence in a service prison this order must be signed by the officer who awarded the original award of imprisonment.
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279 [Issue 1] 1. Citation. 2. Application. 3. Interpretation. 4. Power to grant pensions, gratuities and other allowances. 5. Power to review pensions. 6. Pensions, etc., not a right. 7. Suspension of pension on employment by a foreign power. 8. Pensions, etc., not assignable. 9. Pensions where promotion, etc., reduces amount of award. 10. Computation. 11. Gratuity where length of service does not qualify for pension. 12. Pension to cease on death. 13. Gratuity where officer or serviceman dies in service or after retirement o
14. Pension to cease on bankruptcy. 15. Pension may cease for subversive activities, etc. 15A. Pension may cease on conviction. 16. Establishment of the Pensions Assessment Board. 17. Duties and powers of the Board. 18. Entitlement to pension. 18A. Entitlement to pension on death. 19. Degrees of disablement. 20. Pensions for permanent disablement. 21. Additional hardship allowance for permanent disablement. 22. Basis of award for permanent disablement. 23. Procedure where disablement is not permanent. 24. Award for two or more disabilities. 25. Supply of surgical appliances. 26. Optional medical examination 27. Power to reduce award for misconduct. 28. Power to review awards. 28A. Review of pensions. 28B. Suspension or withholding of pensions. 29. Cost of living allowance. 30. Payment of pensions, etc. 30A. Award of pension and gratuity for insanity.
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31. Procedure as to claims. 32. Nature of award in respect of death. 33. Pensions Appeals Tribunal. 34. Officer’s service and disablement pensions. 35. Servicemen’s service and disablement pensions. 36. Servicemen’s service gratuities. 37. Pension on discharge or transfer to reserve. 38. Reduction of establishment and services. 39. Administrative directions. 40. Repeals and savings. SECOND SCHEDULE – ASSESSMENT OF DISABLEMENT DUE TO
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281 [Issue 1] N. 77/1985, L.N. 94/1985, L.N. 305/1986, L.N. 177/1987, Corr. No. 52/1987, L.N. 258/1996, L.N. 314/1996, L.N. 22/2003, L.N. 6/2004.] PART I – PRELIMINARY 1. Citation These Regulations may be cited as the Armed Forces (Pensions and Gratuities) These Regulations shall apply to all claims arising after 1st July, 1978, in respect of all officers and servicemen of the armed forces and the dependants of such officers and “approved institutional treatment” means approved treatment in hospital or “approved treatment” means such medical, surgical or rehabilitative treatment as may be medically certified to be desirable in connexion with any award payable under “being on duty” means any time during any twenty-four hour period that an officer means a child of an officer or serviceman under twenty-one years of age who is dependent upon the officer or serviceman for support and includes a posthumous child, a step-child, any legally adopted child; and shall be “degree of disablement” means the percentage of disablement assessed in means a member of the family of an officer or serviceman or retired retirement of the officer or discharge of the serviceman was in receipt from him of regular and substantial support or benefit; means a physical or mental injury or damage or the loss of means, in the case of a serviceman, being relieved of military duties means a person named by the deceased in his will as heir or joint heir, or if the deceased dies intestate, the person who is accepted as the heir by the community to which the deceased officer or serviceman belonged whether by any law for the time being in force or by the law or custom applicable to that community and includes any two or more persons who are accepted as joint heirs or the person declared as an heir “Medical Board” means a board of medical officers appointed by the Pensions
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“medical officer” means any person who is registered as a medical practitioner “medically certified” means certified by a medical officer or board of medical “military service” means service with the Kenya Armed Forces and shall include for the period prior to 12th December, 1963, service in any of the British Armed means a calendar month, and broken periods at the beginning and the end of service shall be totalled and each complete thirty days shall be deemed to be includes the basic salary and any allowances which the Defence Council may, with the concurrence of the Treasury, specifically declare to be pensionable means the rate of pay including additional pay in , in the case of an officer means leaving service in the Armed Forces in circumstances not amounting to dismissal from the Armed Forces or termination of , in the case of an officer, means leaving service while holding a regular commission in the Armed Forces— (a) compulsorily after attaining the specified age of his rank as laid down in the terms and conditions of service and being eligible by length of service to a (b) voluntarily after serving for a period that makes him eligible by length of “retired officer” means any member of a service of the armed forces who is not an “termination of commission” means terminating a commission of an officer “the tribunal” means the Pensions Appeal Tribunal established under includes, in the case of an officer or serviceman in whose religion or tribal custom polygamy is lawful, any person to whom the officer or serviceman is lawfully married in accordance with the tenets of the religion or tribal custom; and in that case the amount of any pension, gratuity or other allowance to which a wife is eligible under these Regulations shall be divided equally among all such wives during the period in which there is more than one wife eligible therefor; and shall be construed (2) For the purpose of assessing pension under these Regulations, qualifying service shall be ten years for officers and twelve years reckonable service for servicemen subject to the fulfilment of the requirements of regulation 34 in the case of officers and regulation
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283 [Issue 1] (3) For the purposes of assessing pension and gratuity under these Regulations (a) all periods during which an officer or serviceman has been absent from duty by reason of imprisonment, desertion or absence without leave for a period (b) any periods ordered by a court-martial to be forfeited; (c) any period of service while the person was below the age of eighteen years; or (d) service preceding a five-year interval in the service unless specifically allowed by the Defence Council at the time service is resumed; except that where during the break in service the officer, or serviceman has been a member of the regular reserve and has been called out for periodical training as provided under Part XIV of the Act, the period during which the officer or serviceman was on the regular reserve shall not be considered as an interval in service for the purposes of deciding whether the previous service is admissible. (5) For the purpose of these Regulations, a disablement or death shall be deemed to (a) the disablement is due to wound, injury or disease— (i) which is attributable to service; or (ii) which existed before or arose during the service and has been and (iii) in both cases the injury or wound shall not have been self-inflicted. (b) the death was due to or hastened by— (i) a wound, injury or disease which was attributable to service; or (ii) the aggravation by service of a wound, injury or disease which injury or disease which PART II – POWER TO GRANT AND THE ASSESSMENT OF PENSIONS, GRATUITIES AND ALLOWANCES 4. Power to grant pensions, gratuities and other allowances Pensions, gratuities and other allowances may be granted by the Defence Council with the concurrence of the Treasury in accordance with these Regulations to officers and servicemen of the armed forces, and shall, pursuant to section 112(4) of the Constitution, The Defence Council may at any time review an award of pension made under these Regulations where it has been made in error or where, in the opinion of the Defence ence 6. Pensions, etc., not a right No officer or serviceman shall have an absolute right to compensation for past services or to pension, gratuity or other allowance nor shall anything in these Regulations affect the right of the Defence Council to dismiss any officer or serviceman at any time
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7. Suspension of pension on employment by a foreign power If a retired officer or a discharged serviceman enters the service of a foreign power without the consent of the Defence Council, or he continues in such service after the consent previously granted is withdrawn, his service pension or other allowances granted under these Regulations may be suspended or withheld for such period as the Defence Subject to section 216 of the Act, a pension, gratuity or allowance granted under these Regulations shall not be assignable or transferable except for the purpose of satisfying an order of any court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child, of the officer or serviceman to whom the pension, gratuity or other allowance has been granted, and shall not be liable to be attached, sequestered or levied upon for or in respect of any debt or claim other than a debt due to (1) Where a serviceman who has been promoted by being granted a commission retires or resigns and thereby becomes eligible for an award of pension which is smaller than what he would have been entitled to had he not been commissioned he may receive an award assessed as though he had retired or resigned from the service in the rank (2) Where an officer or serviceman has held acting rank for a period of ninety days or more at the date of retirement, the pension granted to him shall be that applicable to such ed to him shall be that applicable to such 10. Computation (1) (a) Every pension granted to an officer or serviceman in accordance with these (b) A pension payable to an officer or serviceman shall not be less than one
Provided that a pension granted to an officer or serviceman under these regulations
shall not exceed the highest pensionable emoluments drawn by him at any time in the
(2) Any officer or serviceman who is entitled to a pension under these Regulations which does not exceed two hundred and fifty pounds per annum may commute up to one-half of the annual pension at equivalent of twenty times the amount of the annual pension (3) Any officer or serviceman who is entitled to a pension under these Regulations which exceeds two hundred and fifty pounds per annum may commute up to one-quarter of that annual pension at the equivalent of twenty times the amount of the annual pension (4) The option to commute a pension under paragraphs (2) and (3) shall be exercised not later than the penultimate date of retirement or discharge or such other date as the Defence Council may, in consultation with the Treasury, in any special case approve and once exercised shall be irrevocable. (5) (a) The annual rate of pension shall be assessed to the nearest five cents,
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285 [Issue 1] (b) Where payment of pension at monthly intervals results in a fraction, each (6) The normal retirement date is the first day of the month following an officer’s or The normal retirement date is the first day of the month following an officer’s or 1996, L.N. 22/2003, L.N. 6/2004, s. 2(a).] 11. Gratuity where length of service does not qualify for pension Every officer or serviceman, otherwise qualified for a pension, who has not been in the service of the armed forces for ten years in the case of officers and twelve years in the case of servicemen, may be granted on retirement or discharge, as the case may be, a service gratuity not exceeding five times the annual amount of the pension which would have been granted to him had he served in the armed forces for a period of not less than ten years in the case of officers and twelve years in the case of servicemen worked out at an annual rate of one four hundredth of his pensionable emoluments for each completed d 2, L.N. 177/1987, s. 3, L.N. 314/1996.] 12. Pension to cease on death (1) Subject to these Regulations, in the case of the death of an officer or a serviceman or a retired officer or discharged serviceman, there shall continue to be paid a dependants’ pension, in addition to the grant made under regulation 13, on the terms and or serviceman for a period of five years next following the officer’s or serviceman’s death, (2) Where a widow to whom a dependant’s pension has been granted under this regulation dies or otherwise ceases to be entitled to a dependants’ pension, the child or children who are entitled in accordance with the terms and conditions set out in paragraph (3), to a dependants’ pension shall be entitled in accordance with those terms and the remainder of the period of five years from the date of the officer’s or serviceman’s death, which is still outstanding at the date (3) For the purposes of paragraph (1), a dependants’ pension under this regulation (a) where the deceased officer or serviceman leaves a widow, whether or not he also leaves a child, the widow shall, for so long as she is alive and remains unmarried, be entitled to receive the whole of the dependant’s (b) where the deceased officer or serviceman does not leave a widow, or if within the period of five years during which the dependant’s pension is payable under this regulation the deceased officer’s or serviceman’s widow dies or remarries, any child of the deceased officer or serviceman who is entitled at the appropriate date to receive the dependants’ pension shall be entitled to receive, and if more than one child, in equal shares, the dependants’ pension at the appropriate rate provided for under paragraph (c) a dependants’ pension or share thereof shall not be payable to a child who has attained the age of twenty-one years unless, and only during the time, that the child is receiving full time education at a university, college, school or other educational establishment approved by the Board for the purposes (d) a dependants’ pension or share thereof granted to a female child under this
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(e) in the event of a child ceasing to be entitled to a share of a dependants’ pension, his or her share shall, from the date of the cessation, be divided equally between all other children then still entitled to receive the pension (f) where the deceased officer or serviceman leaves more than one widow, then the dependants’ pension shall be shared equally among them, and in the event of any one of them dying or otherwise ceasing under any of the provisions of this regulation, to be entitled to a share of the dependants’ pension, then the pension shall be paid to the child or shared equally among the children of the dead widow and in case the dead widow leaves (g) no dependants’ pension or share thereof shall be payable at any time after no dependants’ pension or share thereof shall be payable at any time after 13. Gratuity where officer or serviceman dies in service or after retirement or (1) Where an officer or serviceman dies while still serving in the armed forces the Defence Council, in consultation with the Treasury, may grant to his dependants a death gratuity of an amount not exceeding his annual pensionable emoluments or his commuted (2) Where an officer or serviceman dies after retirement or discharge, as the case may be, from the armed forces having been granted or having become eligible for a pension under these Regulations and the sums payable to him at the date of his death on account of such pension, including any sum awarded by way of gratuity under regulation 11 but excluding any additional disablement pension awarded under regulation 21, is less in total than the amount of his annual pension the Defence Council may grant a gratuity ence Council may grant a gratuity 14. Pension to cease on bankruptcy (1) Subject to paragraph (3), where an officer or serviceman to whom a pension has been granted under these Regulations is adjudicated bankrupt or is declared insolvent by judgment of a competent court the pension shall cease as from the date of adjudication or (2) Where an officer or serviceman qualifies for a pension under these Regulations (a) after qualifying, he may be granted a pension or gratuity, but the pension shall cease as at the date of adjudication or declaration, or the gratuity shall (b) before qualifying and at the date of qualifying he has not obtained his discharge from the bankruptcy or ceased to be insolvent, he may be granted a pension or gratuity, but the pension shall cease from the date of (3) Where by virtue of paragraph (1) pension ceases to be payable or a gratuity fails to become payable to any person the Defence Council may, from time to time, during the remainder of that person’s life or such shorter periods either continuous or discontinuous as the Defence Council, with the concurrence of the Treasury, thinks fit, direct that all or any part of the money which the person would have been entitled to by way of pension or
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287 [Issue 1] gratuity had he not become bankrupt or insolvent, shall be paid or applied for the maintenance or benefit of that person and his wife, children or other dependants or any of them in such proportion and manner as it thinks proper or for the discharge of that (4) Where a person whose pension has ceased or whose gratuity has failed to become payable by virtue of paragraph (2) obtains his discharge from the bankruptcy or ceases to be insolvent the Defence Council may direct that his pension shall be restored from the date of such discharge or that he be paid any unpaid balance of his gratuity which has not been paid or applied, as the case may be, and his pension or gratuity shall Subject to section 112(1) of the Constitution, where the Defence Council is satisfied that an officer or serviceman to whom a pension has been granted under these (a) has shown himself by act or speech (b) has during any war in which the Republic of Kenya is engaged, unlawfully traded or communicated with the enemy or been engaged in or associated with any business that was to his knowledge carried on in such manner as (c) has failed to fulfil his commitments concerning the reserve; or (d) has committed any criminal offence for which he is convicted and sentenced (e) has engaged in activities which are subversive within the meaning of it may direct that the pension granted to the officer or serviceman shall cease from a Provided that the Defence Council, with the concurrence of the Treasury, may in its discretion at any time divert the whole or part of the pension to or for the benefit of his wife, children or other dependants and may at any time after his pardon or release from (1) Where an officer or a serviceman to whom a pension, gratuity or other allowance has been granted under these Regulations is sentenced to a term of imprisonment by a competent court for any criminal offence, such pension, gratuity or allowance shall cease if the Defence Council so directs with effect from such date as the Defence Council shall (2) Where after retirement an officer or serviceman is sentenced to a term of imprisonment by a competent court for any criminal offence and in the circumstances in which he is eligible for a pension, gratuity or some other allowance under these Regulations, but before that pension, gratuity or allowance is granted then— (a) paragraph (1) shall apply in respect of any pension, gratuity or allowance (b) the Defence Council may direct that any pension, gratuity or allowance (3) Where pension, gratuity or any other allowance ceases by reason of this regulation, it shall be lawful for the Defence Council to direct all or any part of the money
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to which such officer or serviceman was entitled by way of a pension, gratuity or any other (4) Where an officer or serviceman whose pension, gratuity or other allowance has ceased under this regulation, subsequently receives pardon from the President, his receives pardon from the President, his 16. Establishment of the Pensions Assessment Board (1) There is hereby established a Board, to be known as the Pensions Assessment Board, which shall consist of three persons appointed by the Defence Council, one of (2) The members of the Board shall hold office for a period of three years from the date of appointment. (3) All appointments and determination of appointment shall be notified in the ment shall be notified in the ()()17. Duties and powers of the Board (1) Where an officer or serviceman has suffered disablement as a result of a wound, (a) shall determine whether the wound, injury or disease was due to or (b) in the case of disability, shall assess the degree thereof; (c) may award a pension, allowance or gratuity, or any or all of them, to or in respect of the officer or serviceman and in so doing shall not be bound by (a) appoint a medical officer or board of medical officers— (i) to advise on any claim; (ii) to carry out any medical examination which is required to be carried out by or under these Regulations or which, in the opinion of the Board, should be carried out in order to enable the Board to assess the entitlement or the degree of disablement of any officer or (3) Where in these Regulations a power is conferred upon the Board to review and revise any pension, gratuity or allowance, such power shall include the power to review and revise any pension or allowance awarded under the provisions of any of the Regulations repealed by these Regulations (hereinafter referred to as the “repealed Regulations”) except that the Board shall not revise such award if the effect of such (a) furnish a copy thereof to the appropriate authorities; and (b) inform every person in respect of whom an award has been made of the terms of the award and the procedure to be followed in order to obtain
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289 [Issue 1] (1) The disablement of an officer or a serviceman or retired officer or discharged (i) the disablement is due to a wound, injury or disease which was inflicted or (ii) it arose during service or has been aggravated by the service. (2) For the purpose of these Regulations, every officer and serviceman shall unless proved to the contrary, be deemed to have been medically fit and not suffering from any wound, injury or disease at the effective date of his commissioning or enlistment as the (3) Where a wound, injury or disease which has led to an officer’s or serviceman’s retirement or discharge during service was not recorded in any medical report made on the officer or serviceman at the commencement of his service, such wound, injury or disease shall be accepted as being due to service unless the evidence shows that the (4) Where after the expiration of the period of seven years beginning with the termination of a retired officer’s or discharged serviceman’s service a claim is made in (a) in the case of disablement the Board is satisfied that the conditions set out (b) in the case of death the retired officer or discharged serviceman was at the time of his death, or at any time previously thereto had been, in receipt of a pension or temporary allowance awarded by the Board in respect of the wound, injury or disease which was the cause of or substantially hastened his death and the Board is satisfied that the conditions set out in paragraph (1) are applicable and fulfilled. (5) Where upon reliable evidence a reasonable doubt exists whether in respect of a claim under paragraph (3) the conditions set out in paragraph (1) are fulfilled, the benefit of that reasonable doubt shall be given to the claimant, and where there is no note in contemporary official records of a material fact on which the claim is based, other reliable contemporary official records of a material fact on which the claim is based, other reliable 18A. Entitlement to pension on death (1) The death of an officer or a serviceman or a retired officer or a discharged (a) the death was due to hastened by a wound, injury or disease which was (b) the death was due to the aggravation by the service of a wound, injury or (2) Where a wound, injury or disease which has led to an officer’s or serviceman’s death during his service was not recorded in any medical report made at the commencement of his service, the wound, injury or disease shall be accepted as being due to service unless the evidence shows that the conditions in paragraph (1) are not fulfilled. (3) Where after the expiration of a period of seven years, beginning with the termination of a retired officer’s or discharged serviceman’s service a claim is made in respect of his death (being death occurring after the expiration of that period) such death shall be accepted as due service if, at the time of his death, or anytime previously thereto, the officer or serviceman had been in receipt of a pension or temporary allowance
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awarded by the Board in respect of the wound, injury or disease, which was the cause of or substantially hastened his death and the Board is satisfied that the conditions set out in h and the Board is satisfied that the conditions set out in 19. Degrees of disablement (1) The degree of disablement to be assessed by the Board shall be the measure of disablement which is considered to be suffered by an officer or serviceman or retired officer or discharged serviceman by comparison of his condition as disabled with the condition of a normal healthy person of the same age without taking into account his earning capacity in his disabled condition in his own or in any other specific trade or occupation and without taking into account the effect of any individual factors or (2) The degree of disablement shall be expressed as a percentage (100 per cent (a) 100 per cent; (b) less than 100 per cent but not less than 80 per cent; (c) less than 80 per cent but not less than 60 per cent; (d) less than 60 per cent but not less than 40 per cent; (e) less than 40 per cent but not less than 20 per cent; (f) less than 20 per cent but not less than 11 per cent; (g) 10 per cent and under. (3) In the case of disablement suffered by reason of two or more disabilities attributable to service the degree of disablement shall be determined with reference to the combined disablement from the disabilities t(4) The degree of disablement for specified injuries and certain other disabilities shall juries and certain other disabilities shall 20. Pensions for permanent disablement (1) In the case of a permanent disablement of an officer or a serviceman or a retired officer or a discharged serviceman the Board shall award, in addition to the gratuity 20%–39% 40%–79% 80%–100%
allowances 25% of monthly pay as at the date of injury 35% of monthly pay as at the date of injury50% of monthly pay as at the date of injury
(2) Where the degree of disablement is less than twenty per cent no pension shall be awarded under this regulation but where the officer’s or serviceman’s degree of disablement is less than ten per cent, he shall be paid a gratuity equivalent in amount to two months’ rate of pay as at the date of his injury and where the degree of his disablement is between ten per cent and nineteen per cent he shall be paid a gratuity (3) An award of pension under this regulation shall, where temporary allowances have been granted under these Regulations be made to take effect after the cessation of the
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291 [Issue 1] payment of such temporary allowances, and where no temporary allowances have been granted such award shall, except where the Board otherwise directs, be made to take (a) in the case of an officer or retired officer or serviceman where the application for the award was made prior to his retirement, from the day (b) in any other case, from the date in any other case, from the date 21. Additional hardship allowance for permanent disablement Where a pension has been awarded under these Regulations based on a degree of disablement, and in the opinion of the Board there are conditions of exceptional hardship, the Board may award an additional allowance of an amount not exceeding 50 per cent of is made on a temporary basis, it shall be Every award under these Regulations shall be made on the degree of disablement assessed by the Board at the time it accepts the disablement as permanent except that the Board may at any time make a final assessment of the degree of disablement and if, at the expiration of seven years from the date of retirement or from the date on which the retired officer or discharged serviceman was first notified of the award, whichever is the later, the Board has not made such final assessment, it shall thereupon do so having regard to all the circumstances of the case, but nothing in this regulation shall be read as (1) Where the Board has reason to believe that the disablement accepted as being due to service may not be permanent, and the degree of disablement is assessed at less than 20 per cent, but the Board considers that the disablement or the degree of disablement accepted as due to service is likely to persist for more than one year from the date of retirement or from the date of application, as the case may be, it may in its discretion award a gratuity equal to one-half of the disablement gratuity appropriate to the degree of disablement then found in accordance with these Regulations which shall be deducted from any award which may be made later should the Board accept the (2) Where the Board has reason to believe that the disablement or the degree of disablement accepted as being due to service may not be permanent, or where in the case of a disablement accepted as permanent, in the opinion of the Board and on the medical evidence there is likely to be a material and early decrease in the degree of disablement, and in either case where the degree of disablement is assessed as 20 per cent or over, the Board may award a temporary allowance which shall be at the appropriate rate set out in these Regulations, to which allowance may be reviewed and reassessed after medical examination at a date to be recorded in the proceedings of the Board and such medical examination shall be carried out at such time and place as the (3) Where a retired officer has been awarded a temporary allowance under paragraph (2) and there has been no material decrease in the degree of his disablement during the period of two years from the date of his retirement or from the date on which he was notified of the award of such temporary allowance, whichever is the later, during which time he has received adequate medical treatment, the Board may in its discretion
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make an award of a gratuity equal to one-half of the disablement gratuity appropriate to the degree of disablement than that found in accordance with regulation 19 which award shall be deducted from any award of gratuity made later, should the Board accept the disablement as permanent, but the retired officer or discharged serviceman shall be required to make any refund if the amount of the final gratuity is less than the award made (4) Where the Board has reason to believe that an increase in the degree of disablement of a retired officer or discharged serviceman to whom an award of a pension has been made after a final assessment under these Regulations may not be permanent, it may award a temporary allowance, in addition to the pension, of an amount that will bring the combined awards up to the rate appropriate to the increased degree of disablement and such temporary allowance shall be reviewed and reassessed from time to time after medical examination as the Board may direct, and may be reduced, increased, terminated or made permanent as the Board, having regard to the circumstances, may decide. 24. Award for two or more disabilities Where an award is to be made in respect of disablement suffered by reason of two or more disabilities, not all of which are accepted as permanent, and the permanent disability or disabilities is as set out in the Schedule the Board shall, subject to the provisions of these Regulations, award the appropriate gratuity immediately, notwithstanding that the award made in respect of the combined disablement from the disabilities together may be temporary and where the disability or disabilities not accepted as permanent are subsequently so accepted or disappear and when a final assessment is made and a pension awarded then the amount of gratuity appropriate on assessment of the combined In cases where it is medically certified that the disablement in respect of which an Any retired officer or discharged serviceman who has been awarded a pension under these Regulations other than on an interim basis may at his own request be medically examined by a medical officer or a board of medical officers appointed by the Board, not more often than once in every year, at such time and place as the Board may consider (1) Where a retired officer or discharged serviceman who has been awarded a pension whether on an interim or other basis, for any reason neglects or refuses to be medically examined as required by the Board under these Regulations, the Board may, if it considers that such neglect or refusal is unreasonable, reduce the pension as it thinks fit, and the amount so reduced shall not be restored until the retired officer or discharged serviceman has been medically examined or until the Board is satisfied that the neglect or (2) Where a retired officer or discharged serviceman who has been awarded a temporary allowance neglects or refuses to present himself for medical examination as required under these Regulations the Board may, if it considers the neglect or refusal unreasonable, suspend the award until he so presents himself and so doing it shall be for the Board to determine, having regard to the circumstances, from what date the
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293 [Issue 1] (3) Where it is medically certified that a retired officer or discharged serviceman should receive approved treatment or approved institutional treatment and such retired officer or discharged serviceman having been so informed refuses or neglects to receive such treatment the Board may, if it considers the refusal or neglect unreasonable, reduce the gratuity, pension or temporary allowance in respect of such retired officer’s or discharged serviceman’s disablement by such amount, not exceeding one-half, as the (4) For the purpose of paragraph (3) any misconduct on the part of a retired officer or discharged serviceman which in the opinion of the Board, prevents the treatment from being given or counteracts its effect may be treated as a refusal by such retired officer or (5) Where the Board is satisfied that the death or disablement in respect of which a claim is made is attributable to negligence or misconduct on the part of the retired officer or discharged serviceman concerned, it may refuse to award a pension, gratuity or (6) Where third party compensation is paid by or on behalf of a person alleged to be responsible for any act, omission or circumstances which caused the injury or death of an officer or serviceman or a retired officer or discharged serviceman the Board may reduce any pension, gratuity or allowances to be awarded under these Regulations by such The Board may at any time review an award made under these Regulations where it has been made in error or where, in the opinion of the Board, it has been obtained by improper means and on any such review the Board may confirm, vary or cancel the award Pensions and gratuities including those awarded to retired personnel shall be kept arded to retired personnel shall be kept 28B. Suspension or withholding of pensions (1) Subject to the provisions of section 113 of the Constitution, the Defence Council shall have the power to suspend or withhold pensions and gratuities either wholly or in (2) In exceptional cases payment of part or the whole of the suspended pensions, gratuity or any other allowance, may with the consent of the Treasury be made by the Defence Council to or for the benefit of the wife or other dependant of the officer or her dependant of the officer or 29. Cost of living allowance Every award of a pension or temporary allowance made by the Board under these Regulations shall be subject to such increase by the addition of a cost of living allowance (1) Subject to the provisions of these Regulations the Permanent Secretary to the by virtue of these Regulations, including such travelling and other expenses as may be
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(2) Every pension payable under or by virtue of these Regulations shall be payable (3) Every temporary allowance payable under or by virtue of these Regulations shall be payable in arrears, at intervals not less frequent than once in every month for such length of time as may be determined by the Board and such payment shall be made at the office of the District Commissioner of the District in which the pensioner resides. An officer or serviceman who is pronounced by a medical Board to be mentally unfit, and has at least ten years reckonable service in the case of officers, and twelve years of service in the case of servicemen, may be granted a service pension and where he has got less than ten years reckonable service in the case of officers and less than twelve elve 31. Procedure as to claims All claims for pensions, allowances or gratuities under these Regulations shall be submitted to the Board, which shall, on receipt thereof, obtain from the appropriate service (a) full particulars of the officer or serviceman in respect of whom the claim is made, including all such particulars regarding his service as may be (b) the medical history of the officer or serviceman and a copy of the (c) a copy of the proceedings of any court of inquiry into the cause of the accident, injury or death giving rise to the claim, and where the claim is based on the death of an officer a declaration of death and, unless unobtainable, a certificate of his death, the declaration to be signed by a responsible service authority and the certificate to be signed by a medical (d) the names, addresses and particulars of— (i) the officer’s or serviceman’s dependants and the degree of their (ii) the officer’s or serviceman’s heir. (1) In the case of the death of an officer or serviceman or retired officer or discharged serviceman (in this regulation referred to as the “deceased”) the Board may, as from the (a) where the deceased leaves a sole widow, a pension to her at the rate not exceeding one-third of the deceased’s raor retirement and if there is more than one widow, the pension may be (b) if in addition to the widow, the decin respect of each child until such child attains the age of twenty-one years, of an amount not exceeding one-quarter of the pension awarded to the widow: Provided that— (i) a pension to a female child under subparagraph (a) may cease upon
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295 [Issue 1] (ii) where any widow who is in receipt of a pension under subparagraph (a) and who has under her charge a child or children in receipt of a pension under this subparagraph dies or otherwise ceases to be entitled to a pension the Board may in its discretion and after consultation with the District Commissioner of the district in which the widow was residing at the date of her death continue to pay the pension or any part of it to an approved guardian provided that it is applied towards the maintenance and education of the child or (c) where the deceased leaves no widow but leaves a child or children, or if the pension payable to the widow ceases, or if no pension is payable to the widow, the pension payable to each of the children under subparagraph (b) may be doubled from the date following the date of the death of the deceased or from the date on which the pension payable to the widow (2) Where any widow to whom a pension has been awarded under this regulation remarries, or cohabits with any person as his wife, the Board may, if there is no child of the deceased under her charge, cease payment of the pension from the date next following such remarriage or cohabitation upon confirmation of the same, but if the widow has under her charge such child or children of the deceased the Board may continue to pay the pension or any part thereof to the widow or in the event of her death to an (3) Where any child is in receipt of a pension under paragraph (1)(b) and is under the charge of the widow of the deceased the pension may be paid to the widow provided that it is applied towards the maintenance and education of the child to the satisfaction of the Board and where there is no widow, or if the widow abandons any child of the deceased the Board may in its discretion and after consultation with the District Commissioner of the district in which the child is residing continue to pay the pension or any part thereof to which the child may be entitled under paragraph (1)(b) to an approved guardian provided it is applied towards the maintenance and education of the child to the satisfaction of the (4) Where the pension of a childless widow has been terminated in accordance with the provisions of paragraph (2) or has ceased on her death the Board may in its discretion after consultation with the District Commissioner of the district in which the deceased resided award to any needy dependant of the deceased as a gratuity, the total amount of the pension for six months that would be awarded to the widow, such gratuity to be (5) Where the deceased leaves neither a widow nor children, the Board may in its discretion, award a gratuity to any surviving parents, brothers and sisters of the deceased of an amount not exceeding the pension for six months that would be awarded to the widow and such gratuity may be distributed at the discretion of the Board. (6) Where the deceased leaves neither a widow, children nor dependants, the Board may award to the heir of the deceased a gratuity not exceeding the deceased’s pay for (7) No widow may be entitled to an award under this regulation unless her marriage to the deceased was recognized by any law for the time being in force or by the law or
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(1) There is hereby established a Tribunal to be known as the Pensions Appeal (a) a chairman to be appointed by the Defence Council; (b) a medical officer to be appointed by the Defence Council on the (c) three persons to be appointed by the Defence Council; (d) the chairman, the secretary and two other members shall constitute a none of whom may also be members of the Pensions Assessment Board established (1A) The members of the Tribunal appointed under paragraph (1) shall hold office for (2) Subject to the provisions of these Regulations and to any direction issued by (3) There shall be a secretary who shall be a public officer to be appointed by the (4) An appeal shall lie to the Tribunal against any decision of the Board established (a) an entitlement to pension, gratuity or allowance under these Regulations; (b) the degree of disablement under these Regulations where— (i) final assessment and award of a disablement pension or gratuity or (ii) a disablement pension awarded on an interim basis, or a temporary allowance, has been terminated by the Board on the ground either that there is now no disablement due to or aggravated by service or (c) the suspension of a temporary allowance under regulation 21; (d) the reduction of or refusal to make an award, under these Regulations, and against any decision of the Board on review. (5) Every appeal under this regulation shall be brought within twelve months of the date on which the decision of the Board is notified to the claimant except that the Tribunal may allow an appeal to be brought after the expiration of the period limited by this paragraph if in the opinion of the Tribunal there was reasonable excuse for delay. (6) Notice of the time, date and place of hearing of an appeal shall be given to the appellant provided that where the Tribunal is satisfied that an appellant cannot be traced it shall be sufficient if such notice shall have been sent to him by registered post to his last (7) Every appellant shall have the right of appearing before the Tribunal in person or by a legal representative and should an appellant fail to appear, either in person or by a legal representative, at the time and at the date and place notified to him for the hearing of the appeal, the Tribunal may, in the absence of any satisfactory explanation, proceed to determine the appeal. (8) The Tribunal shall have power to vary the amount of any award made by the Board, either by increasing or decreasing the award, but except in an appeal against such a decision the Tribunal shall not make an award where no award has been made by the
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297 [Issue 1] (9) The Tribunal shall have power to call for any document relating to the appellant’s service from the appropriate service authority, and to order the appellant to undergo a medical examination by a medical officer to be appointed by the Tribunal in any particular case and may certify to the Permanent Secretary to the Treasury any reasonable travelling and other expenses which have been incurred by any person appearing, with the permission and in accordance with the instructions of the Tribunal before the Tribunal (10) The decision of the Tribunal upon an appeal made under these Regulation shall hese Regulation shall s. 14, L.N. 258/1996.] PART III – OFFICER’S PENSIONS AND GRATUITIES 34. Officer’s service and disablement pensions (1) An officer who is— (a) retired or allowed to retire on or after reaching the normal age of retirement as laid down in the terms and conditions of service of the armed forces (b) retired compulsorily before reaching the age of retirement because it has may, provided that he has completed at least ten years’ reckonable service, be granted on (2) Every officer otherwise eligible for pension who has not completed ten years reckonable service may be granted on retirement a gratuity in accordance with regulation (3) An officer who is removed from service in the Armed Forces for misconduct or whose services are terminated pursuant to section 171 of the Act, and who has at least ten years’ reckonable service may be granted a pension at such rate as the Defence Council may determine but not in any event exceeding 90 per cent of the sum which would have been granted to him under paragraph (1) had he retired in normal (4) An officer who is removed from service in the Armed Forces for misconduct or whose services are terminated pursuant to section 171 of the Act, and who has at least ten years reckonable service may be granted a pension at such rate as the Defence Council may determine but not in any event exceeding 90 per cent of the sum which would have been granted to him under paragraph (1) had he retired in normal (5) An officer who has suffered disablement as a result of a wound, injury or disease may, if his retirement is necessitated or materially accelerated by the wound, injury or disease and he has not completed ten years’ reckonable service, be granted in lieu of a gratuity under paragraph (2), a pension under paragraph (1) as if the words “provided he (6) A gratuity may be granted in accordance with regulation 11 to an officer who is (i) on reduction of establishment; or (ii) if for any reasons his services are no longer required.
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(a) discharged on or after the completion of colour service; or (b) discharged compulsorily having regard to the usefulness of such may, provided that he has completed twelve years’ reckonable service, be granted a service pension in accordance with the provisions of these Regulations. (2) A serviceman who is discharged for inefficiency, or misconduct or any other cause within his control but not amounting to gross misconduct and who has completed at least twelve years’ reckonable service may be granted a service pension at such rate as the Defence Council may determine but not in any event exceeding 90 per cent of the sum (3) A serviceman who is pronounced by a medical Board to be mentally or physically unfit may be granted a pension provided it is not connected to the service, and provided he has completed at least twelve years’ reckonable service and the mental or physical (4) A serviceman who has suffered disablement as a result of a wound, injury or disease due to, hastened by or aggravated by his service may, if his retirement is necessitated or materially accelerated by his service and has not completed more than twelve years’ reckonable service, be granted in lieu of a gratuity a pension under paragraph (1) as if the words “provided he has completed twelve years’ reckonable has completed twelve years’ reckonable 36. Serviceman’s service gratuities (1) A gratuity in accordance with the provisions of regulation 11 may be granted to— (a) a serviceman who is transferred to the reserve or discharged before or after the completion of his colour service without being granted a service (b) a serviceman who is discharged under paragraphs (d), (e), (f) and (g) of section 176 of the Act provided that he has completed at least one year’s (2) A gratuity of 30 per cent of the amount that would have been granted under paragraph (1) may be granted at the discretion of the Defence Council to a serviceman Where a serviceman, having completed his colour service under an engagement with eligibility for pension if he were discharged or transferred to the reserve, remains in service without a break, but reverts to a lower rank on so remaining in service, he may be awarded on his final discharge the pension which would have been admissible in respect of his service up to the time of such reversion, together with an additional sum based on his new rate of pay in accordance with the provisions of these Regulations; except that a gratuity may be paid on re-enlistment or on appointment to a commission or on any other
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299 [Issue 1] 38. Reduction of establishment and services (1) An officer or serviceman retired or discharged from the service when eligible for pension, in consequence of the abolition of his office or for the purpose of facilitating improvement in the armed forces by which a greater efficiency or economy may be effected, may be granted an additional pension of one-sixtieth of his annual pension for (2) When an officer or a serviceman who is in receipt of a pension is recalled for service with the Armed Forces, whether under the Armed Forces (Retired Officers) Regulations, 1985 or otherwise, he shall be entitled to his full pension notwithstanding that (3) When an officer or a serviceman who originally retired or was discharged with a pension is recommissioned or re-enlisted as the case may be, his pension shall cease from the date on which his further service commences and he shall either repay both his pension and gratuity already received or have it deducted from the pension he would finally be entitled to so as to allow for his previous service to count towards his pension finally be entitled to so as to allow for his previous service to count towards his pension 39. Administrative directions The Defence Council may from time to time issue such directions, not inconsistent with the provisions of these Regulations, as it may consider necessary for the administration of these Regulations, and without prejudice to the generality of the foregoing such direction may make provisions for— (a) the registration of pensions, allowances and gratuities awarded; (b) the issue of pension certificates; (c) the notification to the person entitled thereto of the amounts of the pensions, (d) the procedure to be followed in drawing pensions, allowances and gratuities; (e) the procedure to be followed in the hearing of any appeal by the Tribunal. The Kenya Military Forces (Service Pensions and Gratuities) (Soldiers) Regulations, the Military Forces (Former King’s African Rifles) Regulations, the Kenya Military Forces (Service Pensions and Gratuities) (General List Officers) Regulations, the Military Forces (Service and Pensions Gratuities) (Officers) Regulations and the Kenya Military Forces ary Forces 1965, L.N. 163/1980, s. 9, Cap. 198(1962), Cap. 201(1962) (Sub. Leg.).] (2) Notwithstanding anything to the contrary in these Regulations an officer or serviceman entitled to a pension, gratuity or other allowance under the Regulations repealed under paragraph (1) (hereinafter referred to as the “repealed Regulations”) shall have an option exercisable not later than the day immediately preceding the date of his retirement or discharge from the armed forces to be paid the pension, gratuity or other allowance worked out in accordance with the repealed Regulations and the repealed
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Deleted by L.N. 6/2004, Regulation 19(4), L.N. 258/1996, L.N. 6/2004.] ()ASSESSMENT OF DISABLEMENT DUE TO SPECIFIC INJURIES AND CERTAIN OTHER DISABLEMENT Description of Injury Assessment per cent Amputation Cases-Upper Limbs 1. Loss of both hands or amputation at higher sites 100 2. Amputation through shoulder joint 90 3. Amputation below shoulder with stump less than eight inches from tip of acromion 80 4. Amputation from eight inches from tip to acromion to less than four and a half inches Loss of terminal phalanx of thumb 20 Double amputation through thigh or through thigh on one side and loss of other foot Amputation through both feet proximal to the metatarso-phalangeal joint 80 Loss of all toes of both foot through the metatarso-phalangeal joint 70 Loss of all toes of both foot proximal to the proximal interphalangeal joint 30
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301 [Issue 1] Amputation below hip with stump not exceeding five inches in length measured from Amputation below hip with stump exceeding five inches in length measured from tip Amputation below knee with stump exceeding three and a half inches but not Amputation through one foot proximal to the metatarso-phalangeal joint 20 Loss of all toes of one foot proximal to the proximal interphalangeal joint, including Loss of vision of one eye, without complications, or disfigurement of the eye-ball the Where the scheduled assessment for a specified injury involving multiple losses differs from the sum of the assessment for the separate injuries the former shall be
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303 [Issue 1] 1. Citation and commencement. 2. Application. 3. Retired officers grades. 4. Appointments. 5. Eligibility. 6. Administration. 7. Application for employment. 8. Signing of official document. 9. Contract. 10. Retention in service. 11. Termination of contract. 12. Reserve liability. 13. Service gratuity. 14. Death in service.
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1. Citation and commencement These Regulations may be cited as the Armed Forces (Retired Officers) Regulations, These Regulations shall apply to commissioned officers who have retired from the 4. Appointments A retired officer may be appointed as a public officer and employed in the Department of Defence, Service Headquarters or in any other military establishment, in a post in which his military knowledge in the armed forces may be required. 5. Eligibility (1) An officer who has retired from the armed forces shall be eligible for appointment as a retired officer if he is at least forty-four years old (unless he was retired on (a) shall have held a regular commission and retired at the normal retiring age, (b) shall not be over the age of fifty-five years at the time of the appointment; but where a younger officer is not av(2) An officer who retires from the armed forces while invalid shall be eligible for appointment if he is certified fit for service as a retired officer by a duly qualified medical (3) A Women Service Corps officer shall be eligible for appointment as a retired officer if she retired normally, had regular commission and had at least ten years commissioned The Department of Defence Personnel Branch shall be responsible for the promulgation of terms of service, the appointments and the administration of retired (1) An application for employment as a retired officer shall be made to the Defence (a) by a serving regular officer through his Service Headquarters to the Department of Defence six months before his due date of retirement;
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305 [Issue 1] (b) by an officer who has already retired from the armed force to the Secretary (2) An officer retiring voluntarily shall not apply for employment as a retired officer until A retired officer employed under these Regulations shall insert the letter (Rtd) after his (1) The engagement of a retired officer shall be on renewable contract terms of thirty-six months; provided that an officer shall not renew his contract after attaining the age of (2) The first twelve months from the date of appointment shall be a probation period; but this period may be extended by the Defence Council. A retired officer employed under these regulations may be retained in service after attaining the age of fifty-five years at the option of the Defence Council for a further period of thirty-six months if in the opinion of the Defence Council the exigencies of service demand it, subject to a duly qualified medical practitioner’s certificate to the effect that the (1) An appointment under these Regulations shall cease at any time on grounds of ill-health, redundancy or inefficiency or declining efficiency in accordance with the rules and (2) The Defence Council may terminate an appointment at any time during the period A retired officer employed under these Regulations shall have reserve liability in (1) Where the term of contract is completed or where an officer is prematurely retired in accordance with regulation 11(1), except on disciplinary grounds or for misconduct, the officer concerned shall be granted a gratuity equivalent to twenty-five per cent of the total (2) Where an officer, is retained for a further period in pursuance of regulation 9(1) or 10, he shall be required to exercise an option either of having his gratuity paid to him at Where an officer employed under those regulations dies while still serving the Department of Defence, the Defence Council in consultation with the Treasury may grant to his dependants a gratuity of an amount not exceeding his total annual emoluments of
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RO Grade Armed Force Rank at Retirement RO 1 Brigadier RO 2 Colonel RO 3 Lieutenant Colonel RO 4 Major
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307 [Issue 1] In Exercise of the powers conferred by section 3(3) of the Armed Force Act, I Daniel Toroitich arap Moi, President and Commander-in-Chief of the Armed Force of the Republic of Kenya, dissolve the Women Service Corps of the Kenya Army, with effect from 1st December, 1999 and further order that all serving officers and servicewomen of the said Women Service Corps, be redeployed in the Kenya Army, the Kenya Air Force

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